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Patna High CourtMJC/2453/2025allowed

Md. Izhar v. The State Of Bihar

2025-08-22Mr. Justice Harish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2453 of 2025 In Civil Writ Jurisdiction Case No.8744 of 2022 ====================================================== 1.

Md. Izhar Son of Late Md. Isha, Resident of Village -Rahamganj, Police Station- Leheriyasarai, District- Darbhanga, Presently posted in Bihar Police, Police Line Madhubani as Constable No-38. 2.

Amir Alam Son of Yakub Ansari, Resident of Village Lala Amouna, Police Station- Daudnagar, District- Aurangabad, Presently posted in Bihar Police, Police Line Madhubani as Constable No-98.

3.

Lal Bihari Prasad Yadav, Son of Late Ramasrya Prasad Yadav, Resident of Village -Mathia Bhopat(Godhiya), Police Station- Lkhaoura, DistrictMotihari, Presently posted in Bihar Police, Police Line Madhubani as Constable No-186.

4.

Uma Shankar Ram Son of Sri Dukhan Ram, Resident of Village-Diyanman, Police Station-Krishnabrahm, District- Buxar, Presently posted in Bihar Police, Police Line Madhubani as Constable No-49. 5.

Munna Prasad Son of Chandrama Prasad, Resident of Village -Barka Rajpur, Police Station-Simri, District- Buxar, Presently posted in Bihar Police, Police Line Madhubani as Constable No-200.

6.

Arvind Kumar Das Son of Late Bisheswar Das, Resident of Village -Shubhankarpur, Police Station- Nagar, District- Darbhanga, Presently posted in Bihar Police, Police Line Madhubani as Constable No-129. 7.

Ravindra Kumar Son of Sri Vishuni Paswan, Resident of VillageKathanpura, Police Station-Noorsaray, District- Nalanda, Presently posted in Bihar Police, Police Line Madhubani as Constable No-13. 8.

Birendra Yadav Son of Hari Yadav, Resident of Village -Lembuapar, Police Station- Kashichak, District- Nawada, Presently posted in Bihar Police, Police Line Madhubani as Constable No-392.

9.

Vijay Ranjan Sharma Son of Late Bake Sharma, Resident of Village Mirachak, Police Station-Ara Town, District- Bhojpur at Ara, Presently posted in Bihar Police, Police Line Madhubani as Constable No-259. 10.

Ashutosh Kumar Singh Son of Krishna Narayan Singh, Resident of Village -Baggha, Police Station- Kamtaul, District- Darbhanga, Presently posted in Bihar Police, Police Line Madhubani as Constable No-427. 11.

Parmanand Singh Son of Jhuri Singh Yadav, Resident of Village Jandhan, Police Station-Ramgarh, District- Kaimur at Bhabhua, Presently posted in Bihar Police, Police Line Madhubani as Constable No-116. 12.

Milan Kumar Son of Shri Vijay Kumar Singh, Resident of Village -Gajharba, Police Station-Shiyara, District- Sitamarhi, Presently posted in Bihar Police, Police Line Darbhanga as Constable No-24. 13.

Lal Babu Kumar Son of Surendra Prasad, Resident of Village Shreepur, Police Station-Makhdumpur, District- Jehanabad, Presently posted in Bihar Police, Police Line Madhubani as Constable No-137. 14.

Sanjay Kumar Son of Late Bindeshwar Prasad, Resident of Village-

2/6 Mandachh, Police Station- Telhara, District- Nalanda, Presently posted in Bihar Police, Police Line Madhubani as Constable No-172. 15.

Dharmendra Kumar Son of Shatrudhan Prasad, Resident of Village -Hospital Road Bihiya, Police Station- Bihiya, District- Bhojpur at Ara, Presently posted in Bihar Police, Police Line Madhubani as Constable No-188. 16.

Akshay Kumar Son of Sri Arjun Prasad Yadav, Resident of Village -Kashipur Ward No-1, Police Station- Murliganj, District- Madhepura, Presently posted in Bihar Police, Police Line Madhubani as Constable No637. 17.

Manoj Kumar Son of Sri Harsu Ram, Resident of Village Pithiyaon, Police Station-Chenari, District- Rohtas at Sasaram, Presently posted in Bihar Police, Police Line Madhubani as Constable No-359. 18.

Pramod Prasad Son of Vijay Prasad, Resident of Village Pithiyauon, Police Station- Chenari, District- Rohtas at Sasaram, Presently posted in Bihar Police, Police Line Madhubani as Constable No-629. 19.

Vinod Kumar Prajapati Son of Sri Banarsi Ram Prajapati, Resident of Village -Badaura, Police Station- Ramgarh, District- Kaimur at Bhabhua, Presently posted in Bihar Police, Police Line Madhubani as Constable No452. 20.

Sanjit Maharaj Son of Sri Satyadeo Maharaj, Resident of Village -Piparpanti, Police Station-Krishna Garh, District- Bhojpur at Ara, Presently posted in Bihar Police, Police Line Madhubani as Constable No-252. 21.

Nawin Kumar Son of Dhirendra Kumar Singh, Resident of Village -Koshdihra, Police Station-Magadh Medical, District- Gaya, Presently posted in Bihar Police, Police Line Madhubani as Constable No-421. 22.

Mukesh Kumar Singh Son of Ram Prasad Singh, Resident of Village -Phardahi Tole, Police Station- Jaynagar, District- Madhubani, Presently posted in Bihar Police, Police Line Madhubani as Constable No-97. 23.

Diwakar Kumar Son of Sri Sudarshan Singh, Resident of Village -Ekamba, Police Station-Fatehpur, District- Gaya, Presently posted in Bihar Police, Police Line Madhubani as Constable No-430.

24.

Md. Zakir Hussain Son of Md. Daud, Resident of Village -Nazirpur, Police Station- Rahika, District- Madhubani, Presently posted in Bihar Police, Police Line Samastipur as Constable No-965.

25.

Ajeet Kumar Sudhakar Son of Sri Ramishwar Mochi, Resident of Village Gokhula, Police Station- Bhagwanganj, District- Patna, Presently posted in Bihar Police, Police Line Madhubani as Constable No-556. 26.

Md. Aurangzeb Son of Md. Masoom, Resident of Village-Rashidpur, Police Station-Akbarnagar, District- Bhagalpur, Presently posted in Bihar Police, Police Line Madhubani as Constable No-225.

27.

Ranjan Rajak Son of Jay Kumar Rajak, Resident of Village-Bilari, Police Station- Katarisarai, District- Nalanda, Presently posted in Bihar Police, Police Line Madhubani as Constable No-627.

28.

Krishna Kumar Son of Rajendra Yadav, Resident of Village Mahkar, Police Station- Roh, District- Nawada, Presently posted in Bihar Police, Police Line Madhubani as Constable No-670.

3/6 29.

Naresh Prasad Yadav, Son of Shri Karu Yadav, Resident of Village Mniyara, Police Station-Muffasil, District- Gaya, Presently posted in Bihar Police, Police Line Madhubani as Constable No-411.

30.

Ram Vilash Prasad Son of Tulsi Prasad, Resident of Village Karihara, Police Station- Wazirganj Tankuppa, District- Gaya, Presently posted in Bihar Police, Police Line Madhubani as Constable No-139. 31.

Shyam Sundar Ram Son of Ram Awadh Ram, Resident of Village -Gorasara, Police Station-Ramgarh, District- Kaimur at Bhabhua, Presently posted in Bihar Police, Police Line Madhubani as Constable No-530. 32.

Bimlesh Kumar Son of Shri Kapildev Singh, Resident of Village -Rishaud, Police Station-Belaganj, District- Gaya, Presently posted in Bihar Police, Police Line Madhubani as Constable No-86.

33.

Jai Prakash Son of Sri Jagdish Prasad, Resident of Village -Pali, Police Station- Karamchat Sabar, District- Kaimur at Bhabhua, Presently posted in Bihar Police, Police Line Madhubani as Constable No-163. 34.

Ram Pukar Ram Son of Bhadai Ram, Resident of Village -Chaursiya, Police Station- Mohania, District- Kaimur at Bhabhua, Presently posted in Bihar Police, Police Line Madhubani as Constable No-122. 35.

Shekhar Paswan Son of Mahendra Paswan, Resident of Village -Raghepura, Police Station-Bahadurpur, District- Darbhanga, Presently posted in Bihar Police, Police Line Madhubani as Constable No-532. 36.

Pawan Kumar Son of Sri Prakash Singh, Resident of Village-Kabirpur, Police Station- Shekhopur Sarai, District- Sheikhpura, Presently posted in Bihar Police, Police Line Madhubani as Constable No-110. 37.

Dev Ranjan Singh Son of Bijay Narayan Singh, Resident of Village -Bhadeyan, Police Station-Ara Muffashil, District- Bhojpur at Ara, Presently posted in Bihar Police, Police Line Madhubani as Constable No-36. 38.

Chandan Kumar Singh Son of Sri Nawal Kishore Singh, Resident of Village -Diwra, Police Station- Barhara Kothi, District- Purnia, Presently posted in Bihar Police, Police Line Madhubani as Constable No-48. 39.

Sarayoo Prasad Son of Shiv Nandan Prasad, Resident of Village -Gogen, Police Station-Akbarpur, District- Nawada, Presently posted in Bihar Police, Police Line Madhubani as Constable No-091.

40.

Birendra Kumar Son of Sri Shyam Dev Yadav, Resident of Village -Baiju Bigha, Police Station-Bodhgaya, District- Gaya, Presently posted in Bihar Police, Police Line Madhubani as Constable No-103. 41.

Sundar Yadav Son of Late Durga Yadav, Resident of Village-Lahsorba, Police Station- Piri Bazar, District- Lakhisarai, Presently posted in Bihar Police, Police Line Madhubani as Constable No-827. 42.

Istakhar Ansari Son of Suleman Ansari, Resident of Village-Meura, Police Station- Kudra, District- Kaimur at Bhabhua, Presently posted in Bihar Police, Police Line Madhubani as Constable No-068. 43.

Binod Kumar Pandit, Son of Harish Chandra Pandit, Resident of Village -Bhusari, Police Station-Muffasil Samastipur, District- Samastiput, Presently posted in Bihar Police, Police Line Madhubani as Constable No-852. 44.

Krishan Kumar Son of Parmanand Singh, Resident of Village-Khankulipur,

4/6 Police Station- Arwal, District- Arwal, Presently posted in Bihar Police, Police Line Madhubani as Constable No-590.

45.

Ranjeet Kumar Son of Shree Bechan Tahkur, Resident of Village -Nazirpur, Police Station-Rahika, District- Madhubani, Presently posted in Bihar Police, Police Line Madhubani as Constable No-849. 46.

Mantosh Kumar Son of Mahendra Sharma, Resident of Village -Noawan, Police Station-Sakurabad, District- Jehanabad, Presently posted in Bihar Police, Police Line Madhubani as Constable No-848. 47.

Anuj Kumar Son of Late Jay Narayan Sharma, Resident of Village -Orroh, Police Station-Hisua, District- Nawada, Presently posted in Bihar Police, Police Line Madhubani as Constable No-14 48.

Santosh Kumar Shah, Son of Sri Nandjee Shah, Resident of Village -Budhawal, Police Station-Jagdishpur, District- Bhojpur at Ara, Presently posted in Bihar Police, Police Line Madhubani as Constable No-45. 49.

Sudhir Kumar Choudhary, Son of Ram Prakash Choudhary, Resident of Village -Mahrail, Police Station- Rudharpur, District- Madhubani, Presently posted in Bihar Police, Police Line Darbhanga as Constable No-655. 50.

Dhirendra Kumar Mahto Son of Sri Baidyanath Mahto, Resident of Village Rahamganj Kali Asthan, Police Station- Leheriyasarai, District- Darbhanga, Presently posted in Bihar Police, Police Line Madhubani as Constable No851. 51.

Abdul Salam Son of Md. Nasim, Resident of Village -Asgaon, Police Station- Bahadurpur, District- Darbhanga, Presently posted in Bihar Police, Police Line Samastipur as Constable No-182.

52.

Prem Raj Son of Ram Chandar, Resident of Village Lamubad, Police Station- Pandarak, District- Patna, Presently posted in Bihar Police, Police Line Darbhanga as Constable No-910.

53.

Nezam Ahmad Khan Son of Sharifuzzama Khan, Resident of VillageLahwar, Police Station-Keoti, District- Darbhanga, Presently posted in Bihar Police, Police Line Samastipur as Constable No-190. 54.

Chandrashekhar Prasad Yadav Son of Sri Lagandev Prasad Yadav, Resident of Village- Choumukha, Police Station- Gopapatti, District- West Champaran, Presently posted in Bihar Police, Police Line Buxar as Constable No-86.

55.

Imran Ahmad Khan Son of Fataullah Khan, Resident of Village -Lahwar, Police Station-Keoti, District- Darbhanga, Presently posted in Bihar Police, Police Line Patna as Constable No-1126.

56.

Md. Firoj Shah, Son of Md. Hasiruddin Shah, Resident of Village -Pardumanpur, Police Station- Karakat (Godari), District- Rohtas at Sasaram, Presently posted in Bihar Police, Police Line Buxar as Constable No-53.

57.

Shakil Ansari Son of Idrish Ansari, Resident of Village -Khairat, Police Station- Khampar, District-Deoria, State- Uttar Pradesh, Presently posted in Bihar Police, Police Line Buxar as Constable No-213. 58.

Uma Shankar Choudhary Son of Ghurahu Choudhary Resident of Village Khajuri, Police Station- Dildarnagar, District- Gazipur (Uttar Pradesh),

5/6 Presently posted in Bihar Police, Police Line Buxar as Constable No-460. 59.

Jawahar Prasad Yadav, Son of Devki Prasad Yadav, Resident of Village -Professor Colony, Police Station- Naugachia, District- Bhagalpur, Presently posted in Bihar Police, Police Line Jamui as Constable No-472. 60.

Prashant Kumar Son of Late Upendra Mandal, Resident of Village -Shilanath Rupauli, Police Station- Janki Nagar, District- Purnia, Presently posted in Bihar Police, Police Line Darbhanga as Constable No-1156. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Department of Finance, Government of Bihar, Patna.

3.

The Director General of Police, Government of Bihar, Patna. 4.

The Inspector General of Police, Darbhanga.

5.

The Inspector General of Police, Patna.

6.

The Inspector General of Police, Bhagalpur.

7.

The Superintendent of Police, Madhubani.

8.

The Superintendent of Police, Darbhanga.

9.

The Superintendent of Police, Buxar.

10.

The Superintendent of Police, Jamui.

11.

The Superintendent of Police, Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, Adv.

For the Opposite Party/s :

Dr. Mankeshwar Tiwari, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-08-2025 Heard the parties.

2. The application has been filed for restoration of CWJC No. 8744 of 2022 which stood dismissed for default on 08.09.2022 on account of non compliance of the peremptory order dated 11.08.2022 passed by a Bench of this Court.

3. Learned Advocate for the petitioners submitted that

6/6 to ensure compliance of the peremptory order, the defects were partly removed; however part of the defects could not be removed, hence it resulted into dismissal of the writ petition. He fairly submitted that the rest of the defects shall be removed within a period of three weeks.

4. In view of the submission advanced and the averments made in the application, the present restoration application stands allowed. CWJC No. 8744 of 2022 stands restored, with a direction to remove the remaining defects within the period stipulated.

(Harish Kumar, J) Anjani/- U