Abhinav Shandilya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11297 of 2025 ====================================================== Abhinav Shandilya son of Sri Vijay Kumar Singh, resident of Sahdeo Pateh, Patel Nagar, Near Nala, Post- L.B.S. Nagar, Police Station- Shastri Nagar, District- Patna. (IN PERSON) ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Secretary, Law Department, Government of Bihar, Patna. 3.

The Secretary, Home Department, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinav Shandilya (In Person) For the Respondent/s :

Mr. P.K. Shahi, AG ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 06-01-2026 The present writ application has been filed in the form of a PIL for the following relief:- "(i) For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent Authorities to implement the Model Prison Manual, 2016 framed by the Government of India, Ministry of Home Affairs, New Delhi in the State on the ground that the Model Prison Manual, 2016 was framed by the Government of India, Ministry of Home Affairs pursuant to the direction of the Hon'ble Apex Court as also to bring some level of uniformity in laws and regulations governing prisons in the Country.

(ii) For issuance of any other appropriate writ/writs order /orders, direction/directions for which the writ petitioner shall be found entitled

Patna High Court CWJC No.11297 of 2025(5) dt.06-01-2026 2/3 under the facts and circumstances of the case."

2. A counter affidavit has been filed on behalf of respondent nos.1 & 3, the relevant paragraph of which is extracted hereinbelow:

"11. That in order to adopt and incorporate the amendments suggested by Director, Bihar Institute of Correctional Administration (BICA), a committee was constituted at the head quarter level and due to retirement of one of the members of the committee it was reconstituted vide memo no. 1548 dated 20.02.2023."

3. From the statement made in paragraph-11 of the counter affidavit, it is evident that steps have already been initiated on behalf of the State for carrying out the necessary amendments in the Bihar Prison Manual, 2012. Accordingly, a clarification was also sought from the State regarding the present status of the said issue.

4. It has been submitted on behalf of the State that, in furtherance of the aforesaid objective, the committee has convened several meetings on different dates and the matter is presently under active consideration.

5. Considering the facts and circumstances of the case and the submissions advanced on behalf of the learned counsel for the State, the respondent authorities are directed to complete the entire exercise, preferably within a period of nine

Patna High Court CWJC No.11297 of 2025(5) dt.06-01-2026 3/3 months from the date of receipt/production of a copy of this order.

6. With the aforesaid observation and direction, the writ application stands disposed of.

7. Pending application(s), if any, shall also stands disposed of.

(Sudhir Singh, ACJ) (Rajesh Kumar Verma, J) Suruchi/- U