Manoj Kumar Ram vs The State Of Bihar
2026 Latest Caselaw 406 Patna

Patna High Court

Manoj Kumar Ram vs The State Of Bihar on 11 February, 2026

Author: Anshuman

Bench: Anshuman

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.8754 of 2024
     ======================================================
     Manoj Kumar Ram Son of Late Grahan Ram, Resident of Village- Basra, PS-
     Majhauliya, District- West Champaran.

                                                                 ... ... Petitioner/s
                                        Versus

1.   The State of Bihar Through The Chief Secretary Govt. of Bihar, Patna.
2.   D.G. of Police Bihar, Patna.
3.   S.P. Bhojpur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr.Shruti Sinha
     For the Respondent/s   :       Mr.Government Pleader (27)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT
     Date : 11-02-2026


                  Heard learned counsel for the petitioner and learned

      counsel for the State.

                  2. The present writ petition has been filed for

      quashing Memo No.4761/Ra.Ka. Dated 10.11.2012 issued by

      S.P. Bhojpur contained in Annexure-P-2 whereby the petitioner,

      who was a constable in Bhojpur district constable No.115, has

      been dismissed from service as the same is illegal arbitrary and

      bad in law and for further direction for quashing the order of the

      DG of Police Bihar Patna Memo No.658/433966/L-1 dated

      23.07.2019

whereby the mercy appeal of the petitioner has been

rejected i.e., Annexure-P-8, as the same is also illegal and for all

consequential benefits including reinstatement of the petitioner Patna High Court CWJC No.8754 of 2024 dt.11-02-2026

in service or for any other order or others which this Hon'ble

Court may deem fit and proper under the circumstances of this

case.

3. Learned Counsel for the petitioner submits that the

petitioner had earlier moved before this Hon'ble Court in CWJC

11729/2019 in which vide order dated 07.11.2021 liberty was

granted to the petitioner to prefer mercy appeal. Learned

Counsel submits that the mercy appeal has been rejected on the

ground that after seven years it has been filed. Counsel submits

that under compelling circumstances, the petitioner could not

pursue the same. Therefore, he submits that a sympathetical

view may be taken.

4. Learned Counsel for the State, on the other hand,

submits that the departmental proceeding against the petitioner

has been made after granting full opportunity to him and

completely in accordance with law. There is no procedural

mistake. He further submits that the petitioner is in habit of

staying at house without any information to the authority

concerned, which is apparent from the original as well appellate

order. He further submits that even after getting liberty from this

Hon'ble Court he is not serious. As such, he did not deserve any

mercy.

Patna High Court CWJC No.8754 of 2024 dt.11-02-2026

5. In the light of the submissions made by the parties

and from the record, it transpires that the petitioner has claimed

that without any injury under Rule 843 he has been dismissed

from the service and opportunity of defence could not be made.

From the original and appellate order, it transpires that the

pleading is not correct. Full opportunity has been given to the

petitioner. As such, this Court finds that there is no merit in the

instant writ petition. Accordingly, it is dismissed.

(Dr. Anshuman, J) Mkr./-

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Uploading Date          12.02.2026
Transmission Date