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Patna High Court

Shankar KumarversusThe State of Bihar, through Sri Pratyaya Amrit, The Additional Chief Secretary

Decided
Disposal
DISPOSED

Holding

The Court granted the petitioners liberty to challenge the DGP’s order and disposed of the petition.

Summary

The petitioners, a group of individuals from various districts of Bihar, filed a writ petition challenging the Director General of Police’s (DGP) order issued after a previous High Court direction dated 15‑02‑2024. The earlier order required the DGP to pass a reasoned and speaking order, which the petitioners alleged was not complied with. The petitioners sought liberty from the Court to contest the DGP’s order through any other legal remedy available. Justice Mohit Kumar Shah examined the compliance issue and found that the DGP had indeed issued a speaking order, thereby satisfying the earlier directive. Consequently, the Court granted the petitioners the liberty to challenge the order by other appropriate remedies and disposed of the petition. The order effectively closed the proceedings without further directions.

Issues considered

  • Whether the petitioners are entitled to liberty to challenge the DGP’s speaking order under any other legal remedy
  • Whether the petition should be dismissed or disposed of after granting such liberty

Subjects

  • liberty to challenge
  • speaking order
  • compliance with court order
  • high court jurisdiction
  • civil writ petition
  • petition disposed

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Miscellaneous Jurisdiction Case No.4552 of 2024
                                         In
                    Civil Writ Jurisdiction Case No.507 of 2024
     ======================================================
1.    Shankar Kumar S/o- Bhola Prasad, Resident of village- Chowk Shikarpur,
      P.S- Chowk, District- Patna.
2.   Suraj Bhan Yadav, S/o Dangal Yadav, Resident of village- Golapur, P.S-
     Deepnagar, District- Nalanda.
3.   Lalan Kumar Yadav, S/o-Sudhir Kumar Yadav Resident of village-
     Harirampur P.S-,Amdanda District- Bhagalpur.
4.   Shankar Verma, S/o- Surendra Kumar Verma, Resident of village- Domawar,
     P.S- Nardiganj, District-Nawada.
5.   Ruby Kumari, W/O- Akhilesh kumar Singh, Resident of village-Bahadur
     Bigha, P.S- Ben, District- Nalanda.
6.   Annu Kumari, D/o- Champani Chaudhary, Resident of Home for the
     Momeless Campus Khanra Road, P.S- Kazimohammadpur, District-
     Muzaffarpur.
7.   Nitu Sinha, D/o- Umesh Prasad, Resident of village-Bhenda, P.S- Rahui,
     District- Nalanda.
8.   Yadunath Yadav, S/o- Jagdeep Yadav, Resident of village- Mahadewa, P.S-
     Nasriganj, District- Rohtas.
9.   Guriya Kumari, D/o- Rajendra Prasad singh, Resident of village and P.S-
     Maranchi District- patna.
10. Kumkum Kumari, W/o- Prabhash Kumar, Resident of village- Baro Rampur
    tola, P.S- Barauni, District- Begusarai.
11. Ravi Shankar Kumar, S/o- Sakaldeo Prasad Yadav, Resident of village-
    Jatibhaganpur, P.S - Rajgir, District- Nalanda.
12. Sudha Kumari, W/o- Shashi Kant, Resident of village Badi Ghosi, PS-
    Hilsa, District- Nalanda.
13. Siddhu Kumar, S/o- Kamlesh Prasad Yadav, Resident of village- Kehora,
    P.S- Tikari, District- Gaya.
14. Neetu Madhesiya, D/o- Prem Shankar Gupta, Resident of village- Inguri
    Bazar, P.S- Banakata, District- Deoria (U.P).
15. Nikee Kumari, D/o- Nawal kishor Singh, Resident of village-Khangaon, P.S-
    Narhi chandi, District- Bhojpur.
16. Manmeet Suman, D/o-Sunil Singh, Resident of village-Nijay, P.S- Birupur,
    District-Lakhisarai.
17. Sanjeev Anand, S/o- Surendra Prasad Yadav, Resident of village- Dahiyawan
    Dargah, P.S- Town, District- Saran at Chapra.
18. Gyan Bharti, D/O- Ramanand Sharma, Resident of village- Dharmagatpur
    Bathua, P.S- Pusa, District-Samastipur.
19. Miank Kumari, D/o- Krishan nandan singh, Resident of village Paharitar,
    P.S- Islampur, District-Nalanda.
         Patna High Court MJC No.4552 of 2024(2) dt.08-05-2026
                                                     2/3




           20. Archana Kumari, W/o- Nirbhay Narayan, Resident of village- Salampur,
               P.S- Alipur, District- Gaya.
           21. Sony Kumari, W/o- Sandeep Kumar, Resident of village- Pipar Pati, P.S-
               Hathwa, District- Gopalganj.
           22. Pappu kumar, S/O- Ram Bachan Singh, Resident of village-Chakanawa,
               P/S-Indrapuri, District- Rohtas.
           23. Pramod Kumar Singh S/O- Ravindranath Singh, Resident of village-
               Trilochanpur, P/S- Hethua Rajpur, District-Buxar.
           24. Anjana, S/O-Ramkant Yadav, Resident of village-Kakarahi, P/S-Saidraja,
               District-Chandauli (U.P).
           25. Archana Rani, S/O- Shiw Sagar Tiwari, Resident of village-Dhankharaiya,
               P/S-Harsidhi, District- East champaran.

                                                                               ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar, through Sri Pratyaya Amrit, The Additional Chief
                 Secretary Home Police Department, Government of Bihar, Patnaj.
           2.    Sri Pratyaya Amrit, The Additional Chief Secretary, Home Police
                 Department, Government of Bihar, Patna.
           3.    Sri Alok Raj, The Director General of Police, Bihar, Patna.
           4.    Sri Jitendra Kumar, The Chairman Central Selection Board of Constable,
                 Bihar, Patna.
           5.    Sri Upendra Nath Verma, The Superintendent of Police, Bettiah.
           6.    Vinod Kumar, S/o- Tejnarayan singh yadav, Resident of village-chhapra,
                 P.S-Bagen gola, District- Buxar.

                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s : Mr.Kanishk Kaustubh,Adv.
                                        Mr. Dr. Ranjeet Kumar ,Adv.
                                        Ms. Lakshmi Kumari,Adv.
                                        Mr. Rajnish Prakash, Adv.
                                        Mr. Ankesh Kumar Sinha,Adv.
                 For the State        : Mr. A.C. to AAG-4
                 For the CSBC         : Mr. Sanjay Pandey,Adv.
                                        Mr. Binod Kumar Mishra,Adv.
                                        Mr. Vivek Anand Amritesh,Adv.

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

2   08-05-2026                     At the outset, the learned counsel for the petitioners
            Patna High Court MJC No.4552 of 2024(2) dt.08-05-2026
                                                        3/3




                      submits that in compliance of the order of this Court dated

                      15.02.2024 passed in CWJC No.507 of 2024, disobedience

                      whereof has been complained of in the present petition, the

                      Director General of Police, Bihar Patna has passed a reasoned

                      and a speaking order, however the petitioners be granted liberty

                      to challenge the same by taking recourse to such other remedies

                      as are otherwise available under the law. Liberty so sought is

                      granted.

                                   2. Accordingly, the present petition stands disposed

                      of.


                                              (Mohit Kumar Shah, J)

kanchan/-

U


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