Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1447 of 2025 ====================================================== Niraj Kumar Son of Pawan Kumar, Resident of Village- Naughar, P.O.- Samaspur, P.S.- Belaganj, District- Gaya.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Additional Chief Secretary, Department of Home, Government of Bihar, Patna.
3.
The Director General of Police, Bihar, Patna. 4.
The Inspector General of Police, Magadh Region, Gaya. 5.
The Bihar Police Subordinate Selection Commissioner, Patna through its Chairman.
6.
The Chairman, Bihar Police Subordinate Selection Commission, Patna. 7.
The Secretary, Bihar Police Subordinate Selection Commission, Patna. 8.
The Deputy Inspector General of Police (Administration), Bihar, Patna-cumAppointing Authority, Magadh Region, Gaya. 9.
The Deputy Inspector General of Police, Magadh Region, Gaya. 10.
The Senior Superintendent of Police, Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Onkar Kumar, Advocate Mr. Nawal Kishor Singh, Advocate Mr. Shivam Kumar, Advocate Ms. Priya Kumari, Advocate Ms. Sujata Kumari, Advocate Mr. Diwakar, Advocate Mr. Deepak Kumar, Advocate For the State :
Mr. Ranjit Kumar, AC to GP-26 For the BPSSC : Mr. Sanjay Pandey, Advocate Mr. Nishant Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-07-2026 Though the instant case has been listed for considering the orders on petition ie I.A. no.1 of 2026 and I.A. no.2 of 2026, learned counsel for the petitioner prays that the main writ application itself be disposed of directing the
Patna High Court CWJC No.1447 of 2025(3) dt.16-07-2026 2/3 respondent no.3 to consider and decide the representation of the petitioner within a reasonable time.
2. The petitioner filed the instant application for the following relief(s):
"1) That this is an application for issuance of an appropriate writ(s), order(s) for quashing of the Magadh Region order no. 236/2024 contained in memo no. 4755 dated 30.12.2024 passed and issued under the signature of Respondent no.8, so far as it relates to petitioner whereby and whereunder the candidature of the petitioner for the post of Sub-Inspector in Bihar Police has been cancelled on the ground that petitioner is an accused in Belaganj P.S. case no.71/21 dated 28.02.2021 registered under section 147/341/323/325/307 of the I.P.C. and after investigation a charge sheet has been filed bearing charge sheet no.526/22 dated 30.11.2022.
And further after quashing of the Magadh Region order no.236/2024 contained in memo no.4755 dated 30.12.2024 passed and issued under the signature of Respondent no.8 so far as it relates to petitioner, Respondents may be directed to consider and appoint the petitioner on the post of Sub-Inspector in Bihar Police with all consequential benefits.
And during the pendency of this application respondents may be direct to keep one post vacant in the category of petitioner (Scheduled Caste category). And/or Pass such other order(s) as Your Lordships may deem fit and proper.
Patna High Court CWJC No.1447 of 2025(3) dt.16-07-2026 3/3 A copy of Magadh Region order no.236/2024 contained in memo no.4755 dated 30.12.2024 is annexed hereto and marked as Annexure-P/1 to this application."
3. Having heard learned counsel for the parties and having perused the contents of the affidavit on record, the writ application is disposed of directing the petitioner to file a fresh representation before the Director General of Police, Bihar, Patna (respondent no.3) within a period of two weeks which shall be decided by the respondent no.3 within a period of two months from the date of its filing.
4. The petitioner will be at liberty to raise all the points raised in the instant application as also available to him in his representation.
5. It is made clear that the Court has not entered into the merits of the case of the petitioner which is to be decided by the respondent concerned.
6. The writ application stands disposed of.
(Partha Sarthy, J) Saurabh/- U