Abhiram Trivedi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7999 of 2025 ====================================================== Abhiram Trivedi Son of Sri Ram Balak Trivedi, Resident of Pathakpuri, Bibiganj, Ward No. 7, P.O.- Bhagwanpur, P.S.- Sadar, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Home Department, Govt. of Bihar, Old Secretariat, Patna. 2.

The Additional Chief Secretary, General Administration Department, Govt. of Bihar, Old Secretariat, Patna.

3.

The Divisional Commissioner, Koshi Division, Saharsa. 4.

The District Magistrate, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh, Adv.

For the Respondent/s :

Mr. Piyush Kumar Pandey, AC to SC (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 08-04-2026 Heard learned counsel for the petitioner and learned counsel for the Respondent-State.

2. The instant writ petition has been filed for the following relief(s):- "1. This petition is for issuance of an appropriate writ/writs in nature of MANDAMUS for commanding and directing the respondents for withdrawal of Special Case No. 38/2014 within reasonable time in terms of different communication issued by authorities themselves on basis of enquiry and enquiry report as well as legal opinion

Patna High Court CWJC No.7999 of 2025(5) dt.08-04-2026 2/3 of Special P.P. Vigilance in this regard and further prayer to consider and grant the service benefits, which are withhold view of pendency of aforementioned case though allegations not substantiated against him from any corner and for other necessary relief relief's on the basis of facts and circumstances of the case as stated, enumerated and discussed hereinafter".

3. Learned counsel for the petitioner by referring to the inquiry report and as also the legal opinion rendered by the Special Public Prosecutor, Vigilance, submits that the Respondents may be directed to withdraw the Special Case No. 38 of 2014, as the continuance of the Special Vigilance Case is in the teeth of the inquiry report and as also the legal opinion rendered by the Special Public Prosecutor, Vigilance. For buttressing his submissions, he referred to Annexure P/5 and P/6 of the writ petition.

4. On the other hand, learned counsel for the State submits that in Special Vigilance Case No. 03 of 2017 dated 28.01.2017, after obtaining sanction, the charge-sheet was submitted before the Special Judge, Vigilance and the

Patna High Court CWJC No.7999 of 2025(5) dt.08-04-2026 3/3 cognizance has been taken and the petitioner has got other remedies to get his grievance redressed.

5. At this stage, learned counsel for the petitioner submits that a liberty may be restored to this petitioner to take such remedies by filing an appropriate application as available to him in law.

6. Considering the submissions of the parties, the writ petition is disposed of restoring the liberty to the petitioner to take appropriate steps in accordance with law. (Ajit Kumar, J) perwez U