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Patna High Court
Nitish Chaudhary vs The State Of Bihar on 16 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2494 of 2026
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Nitish Chaudhary Son of Binda Chaudhary, Resident of Village- Daruara, P.S-
Noorsarai, District- Nalanda (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary Home
Department, Government of Bihar, Patna.
2. The Director General of Home Guard Force, Government of Bihar, Patna.
3. The District Magistrate, Nalanda.
4. The District Superintendent of Police, Nalanda.
5. The District Commandant, Home Guard, Nalanda.
6. The District Development Officer, Nalanda.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shovendra Kumar, Advocate
For the Respondent/s : Mr.Government Pleader 26
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 16-02-2026
1. The Writ petition is filed for issuance of
direction to the respondent authorities in the nature
of mandamus for permitting the petitioner to join the
post of Home-Guard in concern district or block as
the petitioner has completed all required corum i.e.
qualifications and physical test.
2. The brief facts culled out of the Writ
petition are that the petitioner has applied for the
post of Home-Guard for the
Patna High Court CWJC No.2494 of 2026 dt.16-02-2026
notification/Advertisement No. 01/2025 published by
the State of Bihar. The petitioner appeared in the
physical test on 21.06.2025 at Deepnagar Stadium,
Bihar Sharif, Nalanda District and his name was
figured at Serial No. 17 in the list. During police
verification of character, it was found that a criminal
case is pending against the petitioner vide Nursarai
P.S. Case No. 323 of 2021 dated 19.09.2021 under
Section 30(a) of Bihar Excise Act and the petitioner
was on bail vide order dated 28.09.2021 and the said
case is pending before the learned A.D.J.-II-cum-
Special Excise Court, Biharsharif, Nalanda. It is
specific contention of the petitioner that he was not
involve in the criminal case and he does not live in
Noorsarai and he was the resident of Lakhrawan,
Post-Pachori, P.S. Deepnagar, in this connection
Mukhiya of Gram Panchayat Raj, Pachuri has issued
certificate regarding his living status, and therefore,
prayed to direct the respondents to select him as
Home-Guard.
Patna High Court CWJC No.2494 of 2026 dt.16-02-2026
3. Heard the Learned counsel for the
petitioner as well as the Learned counsel for the
respondent-State.
4. The record reveals that a criminal case is
pending against the petitioner vide Nursarai P.S.
Case No. 323 of 2021 for the offence punishable
under Section 30(a) of Bihar Excise Act and the said
case is pending against A.D.J. - II-cum-Special Excise
Court, Biharsharif, Nalanda.
5. The certificate, which was given by the
Mukhiya, only disclose that he is a resident of
Lakhrawan village and not the resident of Noorsarai.
However, it is specifically admitted by the petitioner
himself that Noorsarai is his in-laws place and it is a
matter of fact to be adjudicated by the criminal
court.
6. It is contended by the Learned counsel for
the respondents that in view of pendency of the
criminal case against the petitioner, he was not
selected and there is no error or irregularity in not
selecting the petitioner.
Patna High Court CWJC No.2494 of 2026 dt.16-02-2026
7. Therefore, this Court is of the considerable
opinion that there is no irregularity in not selecting
the petitioner.
8. In view of the above said observation, the
Writ petition is dismissed as it is devoid of merits.
(G. Anupama Chakravarthy, J)
amitkr/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 20.02.2026
Transmission Date N/A
