Patna High Court - Orders
Md. Serajuddin Khan, vs The State Of Bihar on 12 February, 2026
Author: Alok Kumar Sinha
Bench: Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8150 of 2025
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1. Md. Serajuddin Khan, S/O-Late Shahadat Hussain Khan, R/O- Village-
Ghusia Kalan, P.S.-Bikramganj, District- Rohtas, A.S.I., BSAP-03, Bodh
Gaya.
2. Shahabuddin Mansuri, S/O-Md. Kashim, R/O- Village- Puran, P.S.-Karpi,
District-Arwal, A.S.I. (Transport), BSAP-03, Bodh Gaya.
3. Satyendra Kumar Singh, S/O- Nawal Kishor Singh, R/O- Village- Kobil,
P.S.-Islampur, District- Nalanda, A.S.I. (Transport), BSAP-03, Bodh Gaya.
4. Ramashish Sharma, S/O-Late Ramadhin Singh, R/O-Village-Parsurai, P.S.-
Khodaganj, District-Nalanda, A.S.I. (Transport), BSAP-03, Bodh Gaya.
5. Naveen Kumar Sharma, S/O-Kameshwar Sharma, R/O- Village- Babhna
Sikaria, P.S.-Parasbigha, District- Jehanabad, A.S.I BSAP-05, Patna.
6. Kanhaiya Lal Singh, S/O-Late Jairam Singh, R/O- Village- Kochwara, P.S.-
Dariyapur, District-Saran, Chapra, A.S.I. (Transport), BSAP-14, Patna.
7. Ajay Kumar, S/O-Late Kedar Singh, R/O-Village-Bahuara, P.S.-Gaurichak,
District-Patna, Havildar No.. 120, BSAP-13, Darbhanga.
8. Tuntun Gond, S/O-Nathuni Gond, R/O. House No.-127/D Jharana Tola,
Khorabar P.S.-AIIMS, District. Gorakhpur (U.P), Havildar No.-159, BSAP-
13, Darbhanga.
9. Nilesh Kumar, S/O-Late Ramanuj Singh, R/O- Village- Shivnagar, P.S.-
Karpi, District-Arwal, Havildar No.-15, BSAP-03, Bodh Gaya.
10. Arun Kumar, S/O-Late Ramnaresh Singh, R/O- Village-Bhori, P.S.-Tekari,
District-Gaya, Havildar No.-165, BSAP-14, Patna.
11. Puneshwar Dubey, S/O-Late Chhathu Dubey, R/O- Village- Banpurwa,
P.S.and District- Garhwa (Jharkhand), Havildar No.-188, BSAP-14, Patna.
12. Ram Pyare Paswan, S/O- Bhangi Paswan, R/O-Village-Bardiha, P.S.-
Chainpur, District-Kaimur (Bhabhua), Havildar No.-77, BSAP-17, Bodh
Gaya.
13. Sribhagwan Yadav, S/O-Shyam Sundar Yadav, R/O- Village- Prasaunda,
P.S.-Shahpur, District-Bhojpur, Driver Havildar (10), BSAP-03, Bodh Gaya.
14. Rampravesh Ram, S/O-Late Ramadhar Ram, R/O- Village- Rampurchai,
P.S.-Karpi, District-Arwal, Havildar No.-70, BSAP-19, Begusarai.
15. Awdhesh Kumar Ram, S/O-Late Ganesh Ram, R/O- Village- Kadna, P.S.-
Garkha, District-Saran, Chapra, Havildar No.-15, BSAP-19, Begusarai.
16. Siyaram Prasad, S/O-Late Ramashish Sah, R/O- Village- Baduri, P.S.-
Ranitalab, District-Patna, Havildar No.-03, BSAP-19, Begusarai.
17. Dayanand Uronw, S/O-Laxmi Uronw, R/O- Village- Beltari, P.S.-Jankinagar,
District-Purnea, Havildar No.-30, BSAP-19, Begusarai.
18. Parmatma Singh, S/O-Late Devendra Prasad Singh, R/O-Village-Harail,
P.S.-Mohiuddin Nagar, District- Samastipur, Havildar No.-157, BSAP-14,
Patna.
19. Manoj Kumar Thakur, S/O- Sridhar Thakur, R/O- Mohalla- Indrapuri, P.S.-
Patna High Court CWJC No.8150 of 2025(2) dt.12-02-2026
2/5
Sahayak, District- Katihar, A.S.I. (Transport), BSAP-07, Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department, Govt.
of Bihar, Patna.
2. The Director General of Police, Bihar, Patna, Patel Bhawan, Bailey Road,
Patna.
3. The Director General of Police, Bihar Special Arms Police (BSAP), Patna.
4. The Inspector General of B.S.A.P, Bihar, Patna.
5. The Deputy Inspector General of Police B.S.A.P (Northern Range),
Muzaffarpur.
6. The Deputy Inspector General of Police, B.S.A.P. (Central Range), Patna.
7. The Commandant, B.S.A.P.- 03, Bodh Gaya.
8. The Commandant, B.S.A.P.-05, Patna.
9. The Commandant, B.S.A.P.-14, Patna.
10. The Commandant, B.S.A.P.-13, Darbhanga.
11. The Commandant, B.S.A.P.- 17, Bodh Gaya.
12. The Commandant, B.S.A.P.- 19, Begusarai.
13. The Commandant, B.S.A.P.-07, Katihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Thakur, Advocate
For the Respondent/s : Mr. Manoj Kumar Sinha, A.C. to G.A.-9.
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 12-02-2026Heard learned counsel for the petitioners and learned counsel appearing for the State.
2. In the present writ petition, the petitioner has prayed for grant of following releif :-
(I) For direction upon the respondent authorities to implement the judgment/order dated 26.04.2024 passed in LPA No.-458/2021 (arising out of CWJC No.-1744/2020) by the Division Bench of this Hon'ble Court in respect of the petitioners of the present writ application also as they are similarly situated to the Patna High Court CWJC No.8150 of 2025(2) dt.12-02-2026 3/5 appellants/petitioners of LPA No.-458/2021 and extend them all consequential benefits i.e. refund of recovered amounts, to those petitioners against whom recovery was made, and restore the pay-fixation in the light of the facts that the petitioners were/are entitled to 1" ACP in the scale of Rs.4000-6000/- which was already allowed to them by the respondents and later on, cancelled.
(II) To hold that petitioners are covered by the judgment/order dated 26.04.2024 passed by the Division Bench of this Hon'ble Court in LPA No.-458/2021 and therefore, as per Clause-4.C (1) of the Bihar Litigation Policy, 2011 issued under resolution dated 31.03.2011 by the State Govt. they are also entitled to be given the same and similar benefits as has been given to the appellants/petitioners of LPA No.-458/2021 and any discrimination with the petitioners would amount to violation/breach of the Bihar Litigation Policy, 2011 by the respondent authorities.
(III) The respondents may be directed to refund the recovered amount, if any to those petitioners against whom recovery was made and accordingly pay fixation may be done and the consequential benefits be paid to them as it was already paid to them earlier.
(IV) For any other relief/reliefs to which the petitioners are entitled to in the facts and circumstances of this case.
3. Learned counsel for the petitioners submits that recently a letter No.2967 dated 04.09.2025 has been issued by DIG, Bihar Special Arms Police by which the decision has been taken to extend the aforesaid relief to everyone including the petitioner. He therefore, submits that the case of the petitioners is covered by letter No.2967 dated 04.09.2025.
4. The letter No.2967 dated 04.09.2025 has been shown to this Court but the same is not part of the case record. Patna High Court CWJC No.8150 of 2025(2) dt.12-02-2026 4/5
5. In the aforesaid facts and circumstances, this writ application is disposed of granting liberty to the petitioners to claim the aforesaid relief on the basis of letter No.2967 dated 04.09.2025 issued by DIG, Bihar Special Arms Police by filing a representation before the respondent No.7 to 13.
6. To the aforesaid submissions being made by learned counsel for the petitioners, learned counsel appearing on behalf of the respondent-State does not have any objection.
7. Considering the limited nature of prayer being made by learned counsel for the petitioners, this writ application stands disposed of granting liberty to the petitioners to file representation in light of letter No.2967 dated 04.09.2025 issued by the DIG, Bihar Special Arms Police. This representation must be filed before respondent No.7 to 13 within one month from today and if such representation is filed, the same shall be disposed of within a period of three months from the date of filing of the representation after giving an opportunity of hearing to the petitioners.
8. Needless to emphasize that the final order which shall be passed by the respondent No. 7 to 13 should be reasoned and speaking order. It is further made clear that if the petitioners are found entitled to the relief in light of letter Patna High Court CWJC No.8150 of 2025(2) dt.12-02-2026 5/5 No.2967 dated 04.09.2025, the same should be extended to the petitioners within a further period of three months from the date of passing of the final order.
9. With the aforesaid observation/direction and liberty granted, the present writ application stands disposed of.
10. All pending I.A.s, if any, is deemed to have been disposed of.
(Alok Kumar Sinha, J) sanjeev/-
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