Patna High Court

Arjun PrasadversusThe State of Bihar through Mr. Chaitanya Prasad The Additional Chief Secretary Home Department

Decided: 17 April 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH

Holding

The petition is disposed as the State has complied with the earlier judgment by granting the benefits and promising payment.

Summary

Arjun Prasad, a prisoner, filed a writ petition seeking the benefits under the ACP/MACP scheme, alleging that the State of Bihar had not complied with the earlier judgment dated 28 March 2024 in CWJC No.14910 of 2023. The State, through its counsel, submitted that the benefits had already been granted by Memo No. 5571 dated 31 July 2025 and that any pending monetary amounts would be paid within four weeks, failing which the Joint Secretary‑cum‑Director (Prison) would have his salary withheld. The court examined whether the petitioner’s claim of non‑payment persisted in view of the State’s compliance. Finding that the State had taken steps to fulfil the earlier order, the court held that there was no ground to continue the petition. Consequently, the petition was disposed of.

Issues considered

What is the status of the petitioner’s entitlement to benefits under the ACP/MACP scheme in light of the State’s alleged compliance?
Whether the State’s submission of Memo No. 5571 and the promise of payment within four weeks satisfies the earlier court order?

Subjects

prisoner rights
ACP/MACP benefits
civil writ jurisdiction
compliance with judgment
state liability

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.3073 of 2024
                                                         In
                                Civil Writ Jurisdiction Case No.14910 of 2023
                  ======================================================
                  Arjun Prasad son of Late Bishundayal Thakur, Resident of Village-Samsara,
                  P.O.-Sadisolpur, Police Station-Bihta, District-Patna, Pin-801111.

                                                                               ... ... Petitioner/s
                                                       Versus

            1.    The State of Bihar through Mr. Chaitanya Prasad The Additional Chief
                  Secretary Home Department Government of Bihar, Patna.
            2.    Mr. Anjanli Kumar, The Inspector General, Prisons and Correctional
                  Service, Bihar, Patna.
            3.    Mr. Bipin Kumar, The Jail Superintendent, Katihar Jail, Katihar.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Vasant Vikas, Advocate
                  For the Opposite Party/s :       Government Pleader-5
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                        ORAL ORDER

2    17-04-2026             The Ld. Counsel for the opposite parties has submitted

                    that in compliance of the judgment of this Court dated

                    28.03.2024 passed in CWJC No. 14910 of 2023, the petitioner

                    has already been granted the benefits of ACP/MACP vide

                    Memo. No. 5571 dated 31.07.2025. It is further submitted that

                    in case the monetary benefits have not been paid to the

                    petitioner, the same would definitely be paid within a period of

                    four weeks from today, failing which the Joint Secretary-cum-

                    Director (Prison) Bihar, Patna shall not draw his salary.

                    2.      Accordingly, the present petition stands disposed of.



                                               (Mohit Kumar Shah, J)
S.Sb/-

U

Continue reading with your account

Checking your session…