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Ram Janam Paswan vs The State Of Bihar
2021 Latest Caselaw 230 Patna

Citation : 2021 Latest Caselaw 230 Patna
Judgement Date : 21 January, 2021

Patna High Court
Ram Janam Paswan vs The State Of Bihar on 21 January, 2021
         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.8319 of 2020
     ======================================================

1. Ram Janam Paswan Son of Nakul Paswam Resident of Village- Dhanar, Police Station- Chandradeep, District- Jamui, Presently posted in BMP-03, Bodhgaya as Constable No. 503.

2. Md. Afzal Khan Son of Late Abdul Ghaffar Khan Resident of Village-

Chotki Cherki, Police Station- Sherghati, District- Gaya, Presently posted in BMP-03, Bodhgaya as Constable No. 132.

3. Mukesh Kumar Singh Son of Sri Surendra Singh Resident of Village-

Shankar Bigaha, Police Station- Koch, District- Gaya, Presently posted in BMP-03, Bodhgaya as Constable No. 43.

4. Deepak Kumar Son of Late Nand Kumar Singh Resident of Village- Kolhna, Police Station- Wazirganj, District- Gaya, Presently posted in BMP-03, Bodhgaya as Constable No. 40.

5. Ashwamegh Son of Late Dularchand Paswan Resident of Village-

Makhdumpur, Police Station- Makhdumpur, District- Gaya, Presently posted in BMP-03, Bodhgaya as Constable No. 41.

6. Kumar Ravikant Son of Ramlakhan Prasad Resident of Village- Suryapura, Police Station- Bodhgaya, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Constable No.42.

7. Raghuwansh Kumar Son of Jagdish Prasad Resident of Village- Dharampur, Police Station- Wazirganj, District- Gaya, Presently posted in BMP-03, Bodhgaya as Constable No. 44.

8. Laloo Ram Son of Ram Kumar Paswan Resident of Village- Gorhan, Police Station- Bhabua, District- Kaimur at Bhabua, Presently posted in BMP-03, Bodhgaya as Constable No. 48.

9. Manoj Kumar Son of Sachidanand Singh Resident of Village- Barai, Police Station- Islampur, District- Nalanda, Presently posted in BMP-03, Bodhgaya as Constable No. 52.

10. Pramod Kumar Singh Son of Shiv Adhar Singh Resident of Village-

Daulatpur Dih, Police Station- Gaurichak, District- Patna, Presently posted in BMP-03, Bodhgaya as Constable No. 53.

11. Shankar Ravidas Son of Yogendra Ravidas Resident of Village- Batashpur, Police Station- Bodhgaya, District- Gaya, Presently posted in BMP-03, Bodhgaya as Constable No. 54.

12. Sujit Kumar Son of Baliram Singh Resident of Village- Kanchanpur, Police Station- Obra, District- Aurangabad, Presently posted in BMP-03, Bodhgaya as Constable No. 55.

13. Dharmendra Kumar Son of Bihari Singh Resident of Village- Chawariya, Police Station- Sanjhali, District- Rohtas at Sasaram, Presently posted in BMP- 03, Bodhgaya as Constable No. 59.

14. Upendra Kumar Singh Son of Yamuna Singh Resident of Village- Berath, Police Station- Chouri, District- Bhojpur at Ara, Presently posted in BMP- 03, Bodhgaya as Constable No. 61.

15. Ramadhar Das Son of Arjun Das Resident of Village- Tetarpur, Police Patna High Court CWJC No.8319 of 2020 dt.21-01-2021

Station- Tikari, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Constable No.63.

16. Pradip Kumar Son of Raghunath Prasad Yadav Resident of Village-

Husainpur Ghatwari, Police Station- Dharahra, District- Munger, Presently posted in BMP- 03, Bodhgaya as Constable No. 65.

17. Arjun Kumar Son of Kashinath Prasad Resident of Village- Makhdumabad, Police Station- Parasi, District- Arwal, Presently Posted in BMP- 03, Bodhgaya as Constable No. 66.

18. Rajiv Kumar Ranjan Son of Yamuna Prasad Resident of Village- Badui, Police Station- Sasaram, District- Sasaram, Presently posted in BMP-03, Bodhgaya as Constable No. 68.

19. Pramod Kumar Pandit Son of Suryanandan Prajapati Resident of Village-

Bhairwa, Police Station- Alipur, District- Gaya, Presently posted in BMP-03, Bodhgaya as Constable No. 77.

20. Sanjay Kumar Son of Munni Prajapati Resident of Village- Maharajganj, Police Station- Kutumba, District- Aurangabad, Presently posted in BMP- 03, Bodhgaya as Constable No. 83.

21. Upendra Kumar Ranjan Son of Ram Parikshan Mochi Resident of Village-

Rasalpur, Police Station- Chandauti, District- Gaya, Presently posted in BMP-03, Bodhgaya as Constable No. 84.

22. Subodh Pandit Son of Suryanandan Prajapati Resident of Village- Bhairwan, Police Station- Alipur, District- Gaya, Presently posted in BMP-03, Bodhgaya as Constable No. 87.

23. Jitendra Kumar Son of Late Visheshwar Ram Resident of Village-

Kadirganj, Police Station- Kadirganj, District- Nawada, Presently posted in BMP-03, Bodhgaya as Constable No. 89.

24. Santosh Kumar Son of Shivnath Prasad Resident of Village- Owa, Police Station- Makhdumpur, District- Jehanabad, Presently posted in BMP-03, Bodhgaya as Constable No. 91.

25. Chandan Kumar Son of Ramkripal Singh Resident of Village- Boknarikala, Police Station- Makhdumpur, District- Jehanabad, Presently posted in BMP- 03, Bodhgaya as Constable No. 92.

26. Virendra Kumar Son of Rajeshwar Prasad Resident of Village- Bhattha, Police Station- Kashichak, District- Nawada, Presently posted in BMP-03, Bodhgaya as Constable No. 93.

27. Rajiv Kumar Singh Son of Jagnarayan Singh Resident of Village- Lurpurwa, Police Station- Mohaniya, District- Kaimur at Bhabhua, Presently posted in BMP-03, Bodhgaya as Constable No. 95.

28. Dayanand Das Son of Arjun Das Resident of Village- Tetarpur, Police Station- Tekari, District- Gaya, Presently posted in BMP-03, Bodhgaya as Constable No. 96.

29. Parmeshwar Kumar Son of Late Ramnaresh Singh Resident of Village-

Bhadaula, Police Station- Kudra, District- Kaimur at Bhabhua, Presently posted in BMP-03, Bodhgaya as Constable No. 97.

30. Samshil Kumar Son of Dhuri Das Resident of Village- Lalachak, Police Station- Kako, District- Jehanabad, Presently posted in BMP-03, Bodhgaya Patna High Court CWJC No.8319 of 2020 dt.21-01-2021

as Constable No. 98.

31. Parvind Kumar Pal Son of Ram Naresh Pal Resident of Village- Awagila, Police Station- Sahar, District- Bhojpur at Ara, Presently posted in BMP-03, Bodhgaya as Constable No. 104.

32. Amrendra Kumar Son of Ramlagan Paswan Resident of Village- Manjhauli, Police Station- Wajirganj, District- Gaya, Presently posted in BMP-106, Bodhgaya as Constable No. 106.

33. Mithun Das Son of Shyamdeo Das Resident of Village- Karampur, Police Station- Jagdishpur, District- Bhagalpur, Presently posted in BMP-03, Bodhgaya as Constable No. 114.

34. Sanjiv Kumar Son of Sideshwar Prasad Resident of Village- Pathra English, Police Station- Muffasil, District- Nawada, Presently posted in BMP-03, Bodhgaya as Constable No. 120.

35. Yamuna Ravidas Son of Bindeshwar Ravidas Resident of Village- Koriauti, Police Station- Wazirganj, District- Gaya, Presently posted in BMP-03, Bodhgaya as Constable No. 124.

36. Arvind Prasad Yadav Son of Kishun Prasad Yadav Resident of Village-

Saidpur, Police Station- Hisua, District- Nawada, Presently posted in BMP- 03, Bodhgaya as Constable No. 126.

37. Suresh Prasad Son of Lakhan Prasad Yadav Resident of Village-

Karmakhurd, Police Station- Sirdala, District- Nawada, Presently posted in BMP-03, Bodhgaya as Constable No. 127.

38. Manoj Kumar Son of Shiv Narayan Mahto Resident of Village- Srirampur, Police Station- Sherghati, District- Gaya, Presently posted in BMP-03, Bodhgaya as Constable No. 131.

39. Binda Kumar Son of Bideshi Paswan Resident of Village- Sosuna, Police Station- Bandiya (Goh), District- Aurangabad, Presently posted in BMP-03, Bodhgaya as Constable No. 145.

40. Vinod Chaudhary Son of Late Akul Chaudhary Resident of Village- Tetari, Police Station- Gaurichak, District- Patna, Presently posted in BMP-03, Bodhgaya as Constable No. 151.

41. Mritunjay Kumar Son of Narendra Singh Resident of Village- Katari, Police Station- Rani Talab, District- Patna, Presently posted in BMP- 03, Bodhgaya as Constable No. 157.

42. Shrawan Kumar Verma Son of Sri Krishan Singh Resident of Village-

Kirahi, Police Station- Karakat (Gorari), District- Rohtas, Presently posted in BMP-03, Bodhgaya as Constable No. 159.

43. Saket Bihari Son of Awadh Kishore Resident of Village- Pura, Police Station- Wajirganj, District- Gaya, Presently posted in BMP-03, Bodhgaya as Constable No. 161.

44. Fanish Kumar Son of Lal Bihari Singh Resident of Village- Alipur Dih, Police Station- Parwalpur, District- Nalanda, Presently posted in BMP-03, Bodhgaya as Constable No. 163.

45. Ramuday Prasad Son of Late Parmeshwar Mahto Resident of Village-

Mirjapur, Police Station- Pakari Karawan, District- Nawada, Presently posted in BMP-03, Bodhgaya as Constable No. 166. Patna High Court CWJC No.8319 of 2020 dt.21-01-2021

46. Ramvijay Paswan Son of Girja Paswan Resident of Village- Kujapi, Police Station- Tekari, District- Gaya, Presently posted in BMP-03, Bodhgaya as Constable No. 176.

47. Kamlesh Kumar Son of Late Sukhu Paswan Resident of Village- Chaupaha, Police Station- Ghoshi, District- Jehanabad, Presently posted in BMP-03, Bodhgaya as Constable No. 184.

48. Arvind Kumar Son of Sri Shyam Sundar Prasad Resident of Village- Mus, Police Station- Ekangarsarai, District- Nalanda, Presently posted in BMP- 03, Bodhgaya as Constable No. 191.

49. Sahdeo Kumar Son of Late Chhatradhari Yadav Resident of Village-

Nauniyan Rajaundha, Police Station- Mohanpur, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Constable No. 192.

50. Bhupoo Kumar Son of Bhuneshwar Singh Resident of Village- Chhotki Chenari, Police Station- Shivsagar, District- Rohtas at Sasaram, Presently posted in BMP-03, Bodhgaya as Constable No. 193.

51. Mukesh Kumar Son of Late Chandeshwar Singh Resident of Village- Bara, Police Station- Mahkar, District- Gaya, Presently posted in BMP-03, Bodhgaya as Constable No. 196.

52. Ajay Kumar Son of Krishna Yadav Resident of Village- Akal Bigaha (Gere), Police Station- Muffasil, District- Gaya, Presently posted in BMP-03, Bodhgaya as Constable No. 197.

53. Mithlesh Kumar Son of Chamari Paswan Resident of Village- Ratti Bigaha, Police Station- Bodhgaya, District- Gaya, Presently posted in BMP-03, Bodhgaya as Constable No. 205.

54. Amod Kumar Son of Shiv Kumar Sharma Resident of Village- Road No.8, Shastri Nagar (West), Police Station- Rampur, District- Gaya, Presently posted in BMP-03, Bodhgaya as Constable No. 213.

55. Birendra Kumar Singh Son of Baban Singh Resident of Village- Baida, Police Station- Murar, District- Buxar, Presently posted in BMP-03, Bodhgaya as Constable No. 224.

56. Premchand Prasad Son of Brij Bihari Prasad Resident of Village- Muripar, Police Station- Akodhigola, District- Rohtas at Sasaram, Presently posted in BMP-03, Bodhgaya as Constable No. 228.

57. Salesh Pal Son of Late Ramdutt Pal Resident of Village- Jagdishpur, Police Station- Amba, District- Aurangabad, Presently posted in BMP-03, Bodhgaya as Constable No. 231.

58. Niranjan Das Son of Rajdeo Das Resident of Village- Kadirpur, Police Station- Belaganj, District- Gaya, Presently posted in BMP-03, Bodhgaya as Constable No. 234.

59. Devendra Kumar Yadav Son of Basudeo Yadav Resident of Village-

Koriyan, Police Station- Asarganj, District- Munger, Presently posted in BMP-03, Bodhgaya as Constable No. 235.

60. Dhirendra Son of Rampravesh Prasad Singh Resident of Village- Mirganj, Police Station- Wajirganj, District- Gaya, Presently posted in BMP-03, Bodhgaya as Constable No. 244.

61. Kanhaiya Prasad Son of Shivadhar Prasad Resident of Village- Bariswan, Patna High Court CWJC No.8319 of 2020 dt.21-01-2021

Police Station- Shahpur, District- Bhojpur at Ara, Presently posted in BMP- 03, Bodhgaya as Constable No. 245.

62. Munchun Kumar Son of Lalan Kumar Chaudhary Resident of Village-

Makandpur, Police Station- Nathnagar, District- Bhagalpur, Presently posted in BMP- 03, Bodhgaya as Constable No. 266.

63. Nityanand Kumar Son of Late Naresh Prasad Singh Resident of Village-

Bagodar, Police Station- Hasua, District- Nawada, Presently posted in BMP- 03, Bodhgaya as Constable No. 269.

64. Rajesh Roushan Son of Fakirchandra Mahto Resident of Village- Barani, Police Station- Dhanarua, District- Patna, Presently posted in BMP- 03, Bodhgaya as Constable No. 274.

65. Hira Lal Kumar Son of Late Gopali Ravidas Resident of Village- Bauri, Police Station- Kashichak, District- Nawada, Presently posted in BMP- 03, Bodhgaya as Constable No. 276.

66. Shivnath Paswan Son of Julum Paswan Resident of Village- Bishunpur, Police Station- Wajirganj, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Constable No. 279.

67. Pintu Kumar Son of Shivcharan Mahto Resident of Village- Pachohiya, Police Station- Kadirganj, District- Nawada, Presently posted in BMP- 03, Bodhgaya as Constable No. 281.

68. Subodh Kumar Son of Bhato Singh Resident of Village- Pakra, Police Station- Navgachhiya, District- Bhagalpur, Presently posted in BMP- 03, Bodhgaya as Constable No. 286.

69. Shriram Kumar Son of Ajay Singh Resident of Village- Ahraon, Police Station- Darihat, District- Rohtas at Sasaram, Presently posted in BMP- 03, Bodhgaya as Constable No. 294.

70. Santosh Kumar Yadav Son of Namonarayan Yadav Resident of Village-

Bhikshuk ke Dera, Police Station- Simari, District- Buxar, Presently posted in BMP- 03, Bodhgaya as Constable No. 295.

71. Dhanbabu Kumar Son of Ramashish Kharbar Resident of Village- Keshodih, Police Station- Bikramganj, District- Rohtas at Sasaram, Presently posted in BMP- 03, Bodhgaya as Constable No. 296.

72. Ajay Kumar Son of Late Indrajeet Singh Resident of Village- Bardih, Police Station- Islampur, District- Nalanda, Presently posted in BMP- 03, Bodhgaya as Constable No. 297.

73. Arvind Kumar Son of Dukhan Beldar Resident of Village- Harigaon, Police Station- Chakand, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Constable No. 298.

74. Vikash Kumar Son of Bhrignath Singh Resident of Village- Nagwan, Police Station- Simari, District- Buxar, Presently posted in BMP- 03, Bodhgaya as Constable No. 299.

75. Pappu Kumar Rai Son of Haridwar Rai Resident of Village- Bhatauli, Police Station- Kudara, District- Kaimur at Bhabhua, Presently posted in BMP- 03, Bodhgaya as Constable No. 300.

76. Chandan Kumar Son of Devendra Kumar Resident of Village- Barat, Police Station- Sitamadhi, District- Nawada, Presently posted in BMP- 03, Patna High Court CWJC No.8319 of 2020 dt.21-01-2021

Bodhgaya as Constable No. 302.

77. Arvind Kumar Son of Siyaram Prasad Resident of Village- Langrachak, Police Station- Belaganj, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Constable No. 306.

78. Subodh Kumar Son of Darogi Mahto Resident of Village- Gotrain, Police Station- Nardiganj, District- Nawada, Presently posted in BMP- 03, Bodhgaya as Constable No. 310.

79. Birender Kumar Son of Krishnandan Yadav Resident of Village-

Darweshpura, Police Station- Katrisray, District- Nalanda, Presently posted in BMP- 03, Bodhgaya as Constable No. 313.

80. Alok Kumar Son of Kailash Prasad Resident of Village- Kujapi, Police Station- Chandauti, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Constable No. 315.

81. Santosh Sharma Son of Ramji Mistri Resident of Village- Sonaut, Police Station- Muffasil, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Constable No. 317.

82. Vinod Kumar Son of Kanhaiya Singh Resident of Village- Bihiyan, Police Station- Bihiyan, District- Bhojpur at Ara, Presently posted in BMP- 03, Bodhgaya as Constable No. 320.

83. Sanjay Kumar Son of Chandeshwar Prasad Resident of Village- Bhatu Bigaha, Police Station- Belaganj, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Constable No. 323.

84. Raushan Kumar Son of Late Chandrika Ram Resident of Village- Shahar Telpa, Police Station- Karpi, District- Arwal, Presently posted in BMP- 03, Bodhgaya as Constable No. 325.

85. Sanjay Baitha Son of Late Shivshankar Baitha Resident of Village-

Mirjapur, Police Station- Mali, District- Aurangabad, Presently posted in BMP- 03, Bodhgaya as Constable No. 335.

86. Chandan Kumar Son of Kailash Mandal Resident of Village- Borwa, Police Station- Sahuparakta, District- Bhagalpur, Presently posted in BMP- 03, Bodhgaya as Constable No. 345.

87. Bimlendra Kumar Singh Son of Bamdeo Singh Resident of Village- Surhi, Police Station- Shakurabad, District- Jehanabad, Presently posted in BMP- 03, Bodhgaya as Constable No. 346.

88. Upendra Kumar Son of Late Laldhari Singh Yadav Resident of Village-

Chiraila, Police Station- Belaganj, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Constable No. 348.

89. Mithilesh Kumar Son of Nandkeshwar Saw Resident of Village- Moratal, Police Station- Bodhgaya, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Constable No. 350.

90. Vinod Kumar Son of Jageshwar Yadav Resident of Village- Chandaul, Police Station- Rafiganj, District- Aurangabad, Presently posted in BMP- 03, Bodhgaya as Constable No. 353.

91. Vinod Kumar Singh Son of Komal Singh Resident of Village- Naugadh, Police Station- Bhagwanpur, District- Kaimur at Bhabhua, Presently posted in BMP- 03, Bodhgaya as Constable No. 354.

Patna High Court CWJC No.8319 of 2020 dt.21-01-2021

92. Binay Kumar Son of Late Rambalak Thakur Resident of Village- Tekuna, Police Station- Bodhgaya, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Constable No. 355.

93. Rajesh Kumar Yadav Son of Rambilash Prasad Yadav Resident of Village-

Iguna Tar, Police Station- Sirdala, District- Nawada, Presently posted in BMP- 03, Bodhgaya as Constable No. 365.

94. Darogi Kumar Son of Late Kuto Yadav Resident of Village- Godih, Police Station- Kiul, District- Lakhisarai, Presently posted in BMP- 03, Bodhgaya as Constable No. 366.

95. Balram Prasad Son of Sidadharth Prasad Resident of Village- Belar, Police Station- Kashichak, District- Nawada, Presently posted in BMP- 03, Bodhgaya as Constable No. 367.

96. Pramod Kumar Son of Late Lakhan Prasad Resident of Village- Pachamba, Police Station- Nimchak Bathani, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Constable No. 371.

97. Brajkishor Yadav Son of Late Hardeo Yadav Resident of Village- Basdila, Police Station- Kopa, District- Saran at Chapra, Presently posted in BMP- 03, Bodhgaya as Constable No. 373.

98. Suresh Kumar Son of Late Ramdeo Tiwary Resident of Village- Barev, Police Station- Akarbarpur, District- Nawada, Presently posted in BMP- 03, Bodhgaya as Constable No. 378.

99. Saurav Kumar Son of Umesh Sharma Resident of Village- Miyan Bigaha, Police Station- Shekhpura, District- Shekhpura, Presently posted in BMP- 03, Bodhgaya as Constable No. 379.

100 Bablu Kumar Son of Late Baleshwar Prasad Resident of Village- Meghu . Bigha, Police Station- Nawada, District- Nawada, Presently posted in BMP-

03, Bodhgaya as Constable No. 380.

101 Paramhansh Singh Son of Sri Ramji Singh Resident of Village- Lopar, . Police Station- Duraundha, District- Siwan, Presently posted in BMP- 03, Bodhgaya as Constable No. 384.

102 Raj Kumar Son of Ratan Chaudhary Resident of Village- Pandarak, Police . Station- Pandarak, District- Patna, Presently posted in BMP- 03, Bodhgaya as Constable No. 387.

103 Manish Kumar Son of Rambhajan Prasad Singh Resident of Village- Kela . Bigaha, Police Station- Telhara, District- Nalanda, Presently posted in BMP-

03, Bodhgaya as Constable No. 396.

104 Abhay Kumar Son of Bashisth Narayan Singh Resident of Village- Ub, . Police Station- Obra, District- Aurangabad, Presently posted in BMP- 03, Bodhgaya as Constable No. 405.

105 Bharat Kumar Bharti Son of Padaynarayan Sharma Resident of Village- . Bhurkunda, Police Station- Barachatti, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Constable No. 407.

106 Jaynandan Kumar Son of Sitaram Kapri Resident of Village- Navtoliya, . Police Station- Rajaun, District- Banka, Presently posted in BMP- 03, Bodhgaya as Constable No. 409.

107 Jamwant Singh Yadav Son of Sitaram Singh Yadav Resident of Village- Patna High Court CWJC No.8319 of 2020 dt.21-01-2021

. Kabilaspur, Police Station- Durgawati, District- Kaimur at Bhabhua, Presently posted in BMP- 03, Bodhgaya as Constable No. 411. 108 Prakashchandra Son of Chandrashekhar Prasad Resident of Village- . Rewariya, Police Station- Koilwar, District- Bhojpur at Ara, Presently posted in BMP- 03, Bodhgaya as Constable No. 412. 109 Dularchand Singh Son of Late Jangbahadur Singh Resident of Village- . Ninga, Police Station- Bikramganj, District- Rohtas at Sasaram, Presently posted in BMP- 03, Bodhgaya as Constable No. 414. 110 Punawala Son of Late Mundrika Singh Resident of Village- Oro, Police . Station- Hisua, District- Nawada, Presently posted in BMP- 03, Bodhgaya as Constable No. 415.

111. Dinesh Yadav Son of Lakhan Yadav Resident of Village- Mocharim, Police Station- Bodhgaya, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Constable No. 416.

112 Awadhesh Prasad Son of Bindeshwar Prasad Resident of Village- . Dindayalganj, Police Station- Islampur, District- Nalanda, Presently posted in BMP- 03, Bodhgaya as Constable No. 417.

113 Bablu Yadav Son of Lorik Yadav Resident of Village- Ekauna, Police . Station- Simari, District- Buxar, Presently posted in BMP-03, Bodhgaya as Constable No. 421.

114 Pradeep Kumar Son of Ramnaresh Sharma Resident of Village- Gangeya, . Police Station- Kurtha, District- Arwal, Presently posted in BMP- 03, Bodhgaya as Constable No. 426.

115 Sunil Kumar Son of Deonarayan Singh Resident of Village- Rajpura, Police . Station- Kaler, District- Arwal, Presently posted in BMP- 03, Bodhgaya as Constable No. 428.

116 Nagendra Kumar Son of Rameshwar Prasad Resident of Village- Faldu, . Police Station- Nardiganj, District- Nawada, Presently posted in BMP- 03, Bodhgaya as Constable No. 431.

117 Anjani Kumar Son of Mahenshwar Sharma Resident of Village- Bara . Bigaha, Police Station- Hilsa, District- Nalanda, Presently posted in BMP-

03, Bodhgaya as Constable No. 437.

118 Vinay Kumar Son of Nawal Singh Resident of Village- Gosay Madi, Police . Station- Shekhpura, District- Shekhpura, Presently posted in BMP- 03, Bodhgaya as Constable No. 442.

119 Anil Kumar Son of Late Krishna Sah Resident of Village- Sakla Bazar, . Police Station- Karakat (Gorari), District- Rohtas, Presently posted in BMP-

03, Bodhgaya as Constable No. 446.

120 Shashikant Kumar Son of Late Nathun Prasad Resident of Village- Pokhaya, . Police Station- Sakurabad, District- Jehanabad, Presently posted in BMP-

03, Bodhgaya as Constable No. 448.

121 Ram Bilash Kumar Son of Ramlakhan Chauhan Resident of Village- . Panchheka, Police Station- Nardiganj, District- Nawada, Presently posted in BMP- 03, Bodhgaya as Constable No. 451.

122 Ashok Kumar Son of Rajo Sao Resident of Village- Balwapar, Police . Station- Warisaliganj, District- Nawada, Presently posted in BMP- 03, Patna High Court CWJC No.8319 of 2020 dt.21-01-2021

Bodhgaya as Constable No. 453.

123 Saroj Kumar Prasad Son of Late Ramkewal Prasad Resident of Village- . Nagopur, Police Station- Muffasil, District- Bhojpur at Ara, Presently posted in BMP- 03, Bodhgaya as Constable No. 458.

124 Nandkishore Prasad Son of Late Rajendra Prasad Resident of Village- . Tetarpur, Police Station- Khijarsarai, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Constable No. 459.

125 Mozahid Alam Son of Mostakim Ansari Resident of Village- Tendua, Police . Station- Karamchat (Sawar), District- Kaimur at Bhabhua, Presently posted in BMP- 03, Bodhgaya as Constable No. 461.

126 Nitish Kumar Akela Son of Nandlal Chaudhary Resident of Village- . Harigaon, Police Station- Chandauti, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Constable No. 464.

127 Surendra Kumar Son of Late Gopal Das Resident of Village- Kesapi, Police . Station- Dobhi, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Constable No. 466.

128 Satyendra Paswan Son of Bhuneshwar Paswan Resident of Village- . Mastpura, Police Station- Bodhgaya, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Constable No. 468.

129 Bablu Kumar Son of Rajendra Rajak Resident of Village- Mustafabad, . Police Station- Rampur, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Constable No. 473.

130 Ajay Kumar Son of Baleshwar Ram Resident of Village- Purna Bigha, . Police Station- Daudnagar, District- Aurangabad, Presently posted in BMP-

03, Bodhgaya as Constable No. 482.

131 Pramod Kumar Baitha Son of Bechan Ram Resident of Village- Bhitti, . Police Station- Mohaniya, District- Kaimur at Bhabhua, Presently posted in BMP- 03, Bodhgaya as Constable No. 489.

132 Vikash Kumar Singh Son of Ramanuj Singh Resident of Village- Madarpur, . Police Station- Buniyadganj, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Constable No. 506.

133 Jitendra Kumar Son of Ramnarayan Prasad Resident of Village- Simari . (Bazar), Police Station- Simari, District- Buxar, Presently posted in BMP-

03, Bodhgaya as Constable No. 530.

134 Rajiv Ranjan Kumar Son of Virendra Kumar Singh Resident of Village- . Bishunpur, Police Station- Wazirganj, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Driver Constable No. 02.

135 Suryadeo Singh Son of Son of Sada Briksh Singh Resident of Village- . Saifganj, Police Station- Banke Bazar, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Driver Constable No. 04.

136 Sunil Kumar Son of Dhaneshwar Prasad Yadav Resident of Village- Losi . Dhani, Police Station- Atari, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Driver Constable No. 07.

137 Rohit Kumar Son of Sita Ram Prasad Resident of Village- Chiraiyatand, . Police Station- Rampur, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Driver Constable No. 08.

Patna High Court CWJC No.8319 of 2020 dt.21-01-2021

138 Jitendra Kumar Son of Shivdayal Prasad Resident of Village- Churi, Police . Station- Chandauti, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Driver Constable No. 09.

139 Vijay Kumar Son of Late Anirudh Singh Resident of Village- Daudpur, . Police Station- Goh, District- Aurangabad, Presently posted in BMP- 03, Bodhgaya as Driver Constable No. 10.

140 Bharat Kumar Son of Gopal Prasad Resident of Village- Karsilli (Near . Smashan Ghat Ashram), Police Station- Vishnupath, District- Gaya, Presently posted in BMP- 03, Bodhgaya as Driver Constable No. 11. 141 Md. Rashid Ansari Son of Md. Shahab Uddin Resident of Village- Haji . Subhan, Police Station- Kotwali, District- Munger, Presently posted in BMP- 02, Dihri as Constable No. 286.

142 Pramod Kumar Son of Ram Ekbal Singh Resident of Village- Harli, Police . Station- Muffasil, District- Gaya, Presently posted in STF Patna, J.C. Constable No. 322.

143 Sunil Kumar Son of Bhisham Rai Resident of Village- Pulwa Ghat, Police . Station- Turkauliya, District- East Champaran, Presently posted in BMP- 5, Patna as Constable No. 409.

... ... Petitioners Versus

1. The State of Bihar through the Principal Secretary, Department of Home (Police), Govt. of Bihar, Patna.

2. The Principal Secretary, Department of Home (Police), Govt. of Bihar, Patna.

3. The Director General of Police, Bihar, Patna.

4. The Additional Director General of Police, Military Police, Bihar, Patna.

5. The Commandant, Bihar Military Police- 03, Bodhgaya, Gaya, Bihar.

6. The Principal Secretary, Finance Department, Govt. of Bihar, Patna.

7. The Director, P.F. Directorate, Patna.

... ... Respondents ====================================================== Appearance :

       For the Petitioners      :       Mr. Bindhyachal Singh,
                                        Mr.Satya Prakash, Advocates
       For the Respondents      :       Mr.Lalit Kishore (Ag)

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 21-01-2021 Heard learned counsel appearing on behalf of the

petitioners and learned counsel appearing on behalf of the State.

Petitioners have approached this Court for a Patna High Court CWJC No.8319 of 2020 dt.21-01-2021

direction to the respondents to grant the benefit of old Pension

Scheme as they were recruited as constables pursuant to

Advertisement 02/2004 and in the same transaction, constables

were appointed in different districts as cut-off date was fixed as

31.08.2005 and they have been granted the benefit of old

Pension Scheme but the case of the petitioners was delayed and

they have been subjected to new Pension Scheme. The

petitioners have challenged the action of the respondents as

arbitrary, unreasonable and discriminatory.

Learned counsel for the petitioners submits that the

issue raised in the present writ application is no more res integra

and identical issue was decided by this Court in CWJC No.

16468 of 2016 and other analogous cases vide judgment dated

03.04.2017(Chandra Kant Kumar & others Vs. The State of

Bihar & others) and the said decision was approved by the Apex

Court vide order dated 06.01.2020 passed in SLP (Civil) No.

35714 of 2016 (The State of Bihar & others Vs. Ganpati Singh).

In order to maintain consistency, the present writ

application is allowed in terms of the judgment dated

03.04.2017 passed in CWJC No. 16468 of 2016 and other

analogous cases (Chandra Kant Kumar & others Vs. The State

of Bihar & others) and the said decision of the Apex Court vide Patna High Court CWJC No.8319 of 2020 dt.21-01-2021

order dated 06.01.2020 passed in SLP (Civil) No. 35714 of 2016

(The State of Bihar & others Vs. Ganpati Singh).

(Anil Kumar Upadhyay, J) BT/-

AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          22.01.2021
Transmission Date       N.A.
 

 
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