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Patna High Court
In View Of Honble Courts Order Dt. ... vs The State Of Bihar on 16 January, 2026
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13813 of 2024
In
Civil Writ Jurisdiction Case No.6995 of 2019
======================================================
In view of Honble courts order dt. 19-07-2024 passed in CWJC No.6995 of
2019 based on W.P. (C) No. 183 of 2013 of Honble Apex Court.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary.
2. The Principal Secretary, Home, Govt. of Bihar
3. The Director General of Police, Govt. of Bihar.
4. Bihar Police Subordinate Services Commission, Patna through its Chairman
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pathak, Advocate
For the Respondent/s : Mr. P.K. Shahi, Advocate General
For Intervenor Petitioners: Md. Mokhtar Ansari , Advocate
Mr. Bachan Jee Ojha, Advocate
Mr. Naving Kumar Jha, Advocate
Mr. Sanjay Kumar Singh, Advocate
Mr. Aman Vishal, Advocate
Ms. Leelawati Kumari, Advocate
Mr. Nilendu Kumar Choudhary, Advocate
Ms. Akanksha Verma, Advocate
Mr. Saurabh Kumar, Advocate
Mr. Manoj Kumar Singh, Advocate
Mr. Devesh Kumar Singh, Advocate
Mr. Brajesh Verma, Advocate
Mr. Sanjay Kumar, Advocate
Mr. Amit Kumar, Advocate
Mr. Anuj Dilbar, Advocate
Mr. Krishna Mahendra Pathak, Advocate
Mr. Nagendra Upadhyay, Advocate
Mr. Ashwani Kumar Tiwary, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 16-01-2026
Heard learned counsel for the parties.
2. One Manish Kumar filed writ petition before the
Patna High Court CWJC No.13813 of 2024 dt.16-01-2026
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Hon'ble Supreme Court which was registered as Writ Petition
(C) No. 183 of 2013 with following prayers:-
"A. Direction to all the States & Union
Territories to constitute Police Commission to deal
with allegation of police action, redressal of
grievances of police and to make recommendations
for the welfare of police force.
B. Directions to the States formulate to and
implement the guidelines for prevention and control
of violent mass agitations and destruction of life &
property, in terms of the guidelines suggested by this
Hon'ble Court in the decision reported as
2009(5)SCC 212.
C. Directions to the States and Union
Territories to fill up the vacant posts in the Police and
State Armed forces so that the police forces does not
remain overburdened.
D. for Directions to all the States and Union
Territories to provide periodic training and
upgradation of police force and to fix the working
hours for the police personnel.
Ε. Direction to the Union of India to
prescribe guidelines for the Media Reporting of the
violent mass agitation and police action for
prevention and control thereof.
F. Order or Direction restraining the States
from drawing a presumption against the action of
police acting constitutional and under the statutory
obligations."
The Hon'ble Supreme Court disposed of the matter
vide order dated 11.03.2019 and in the operative part of the
order, it has been observed that the records pertaining to each
of the States including affidavits etc., be sent by the Supreme
Court Registry to the Registry of the concerned High Courts
with a request to Hon'ble the Chief Justice of the High Court
Patna High Court CWJC No.13813 of 2024 dt.16-01-2026
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to entertain the matter on Judicial Side as suo motu Public
Interest Litigation and monitor the prayers made from time to
time, and on the basis of such order CWJC No. 13813 of 2024
was suo motu instituted. Several writ petitions were filed
including contempt petitions and a Division Bench of this
Court vide order dated 19.07.2024 in CWJC No. 6995 of
2019, has been pleased to pass the following order:-
"28. We find absolutely no reason to
entertain the contempt case also. There is no deliberate
contempt of the directions issued by this Court in
C.W.J.C. no. 15487 of 2011 and analogous cases and
the petitioners in the contempt having failed in the
selection have no surviving cause. The contempt case
also would stand closed.
29. Ordered accordingly.
30.The Registry shall immediately register
a suo motu case as per the orders of the Hon'ble
Supreme Court as herein before directed."
3. When this particular matter was taken up on
13.11.2025
, the learned Advocate General was asked to file
fresh counter affidavit indicating the present status with
respect to the appointment of police personnel.
4. In terms of such order, supplementary counter
affidavit has been filed on behalf of respondent no. 2 who is
Under Secretary, Home Department (Police Branch), Patna,
wherein, in paragraph no. 7, it is treated as follows:-
"7. That it is stated here that the
consolidated reports submitted by the Police
Patna High Court CWJC No.13813 of 2024 dt.16-01-2026
Headquarter is as follows:-
(A) Report regarding recruitment for
constables:-
(i) The final result for appointment
to 21391 posts advertised under the
Advertisement No. 01/2023 by the Central
Selection Board (Constable Recruitment),
Bihar was published in the year 2025, and the
appointment of all 21391 recommended
candidates have been completed.
(ii) Advertisement No. 01/2025 has
been published by the Central Selection
Board (Constable Recruitment), Bihar against
19838 vacant posts of constable. The
appointment/ recruitment for filing the posts
is currently under process.
(B) Report regarding recruitment for constable
Drivers:-
Advertisement No. 02/2025 was
published by the Central Selection Board
(Constable Recruitment), Bihar for 4361
posts of constable drivers. The
appointment/recruitment for filling the
posts is currently under process.
(C) Report regarding recruitment for S.I. &
Sergeant:-
(i) Advertisement No. 05/2025 was
published by Bihar Police Subordinate Service
Commission for 1799 posts of Sub Inspectors.
The appointment/recruitment for filling the
posts is currently under process.
(ii) Advertisement No. 03/2020 was
published by Bihar Police Subordinate Service
Commission for 215 post of Sergeant. The
appointment of 213 recommended Sergeants
has been completed in October, 2022."
5. Learned Advocate General submits that these types
of advertisements and appointments are continuous process
and paragraph no. 7 would indicate the steps are being taken
by the State in this regard and therefore, nothing remains to be
Patna High Court CWJC No.13813 of 2024 dt.16-01-2026
adjudicated in this suo motu writ petition.
6. After hearing the learned Advocate General and
perusing the supplementary counter affidavit filed as referred
to above, the proceeding stands closed.
7. All pending interlocutory applications of intervenor
petitioners, stands disposed of.
8. Needless to say, that if any intervenor has any
grievance, he is at liberty to file separate writ petition.
9. The writ petition stands disposed of.
(Sangam Kumar Sahoo, CJ)
(Rajeev Ranjan Prasad, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.01.2026
Transmission Date NA
