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Patna High Court

Anugarah Prakash KushwahaversusThe State of Bihar through Sanjay Kumar, Principal Secretary, Health Department

Decided
Disposal
DISPOSED

Holding

The petition is disposed, with liberty granted to the petitioner to assail the order dated 22‑04‑2026.

Summary

Anugarah Prakash Kushwaha filed a petition in the Patna High Court challenging the State of Bihar and its officials. The opposite party filed a show‑cause notice and submitted a reasoned order dated 22‑04‑2026, claiming compliance with the Court’s earlier order dated 18‑04‑2024 in CWJC No.5446 of 2024. The Court examined whether the petition could proceed after such compliance. It granted the petitioner liberty to assail the order dated 22‑04‑2026 if advised, but otherwise found no further ground to continue the petition. Consequently, the Court disposed of the petition.

Issues considered

  • Whether the petition for contempt should be dismissed after the opposite party’s compliance with the Court’s earlier order
  • Whether the petitioner should be granted liberty to assail the order dated 22‑04‑2026

Subjects

  • contempt
  • civil writ jurisdiction
  • compliance with court order
  • show‑cause notice
  • liberty to assail order
  • petition disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2832 of 2024
                                                       In
                                Civil Writ Jurisdiction Case No.5446 of 2024
                 ======================================================
                 Anugarah Prakash Kushwaha Wife of Sri Aryan Resident of Village- Charar
                 Takiya, P.O. and P.S.- Sasaram, District- Rohtas.

                                                                               ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through Sanjay Kumar, Principal Secretary, Health
                 Department Govt. of Bihar, Patna.
           2.    Dr. Kaushal Kumar, the Director, Health Department, Bihar, Patna.
           3.    Nirmal Ojha, the Chief Medical Officers Cum Civil Surgeon, Aurangabad,
                 Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :     None.
                 For the State             :     Mr. Ajay Behari Sinha, Sr. Advocate (GA-8)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

4   24-04-2026                        The learned senior counsel for the opposite party

                   seeks to file a show-cause on behalf of opposite party no.1, copy

                   whereof has already been filed online. Let the same be kept on

                   record.

                                 2.     The learned senior counsel for the opposite party

                   submits that in compliance of the order of this Court dated

                   18.04.2024, passed in CWJC No.5446 of 2024, the Secretary to

                   the Government, Heath Department, Government of Bihar has

                   passed a reasoned order dated 22.04.2026, hence it is submitted

                   that the order of this Court has stood complied.

                                 3.        While disposing of the present contempt
            Patna High Court MJC No.2832 of 2024(4) dt.24-04-2026
                                                        2/2




                      petition, I deem it fit and proper to grant liberty to the petitioner

                      to assail the aforesaid order dated 22.04.2026, if so advised.

                                   4. Accordingly, the present petition stands disposed

                      of.


                                                      (Mohit Kumar Shah, J)

kanchan/-

U


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