IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3750 of 2023 ======================================================

Md. Naushad Alam Son of Abdul Gaffar Resident of Village-Marhiya, P.O.- Lauriya, P.S. Lauriya, Dist.-West Champaran, At Present Posted as Sub-

Inspector of Police at Hajipur Town Police Station Hajipur, Dist.-Vaishali.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Dept. of Home and Affairs, Bihar, Patna.

2. The Director General of Police, Bihar Patna.

3. The Deputy Inspector General of Police (Welfare) Bihar Police Head Quarter, Bihar at Patna.

4. The Inspector General of Police, Tirhut Devision at Muzaffarpur.

5. The Superintendent of Police, Vaishali at Hajipur.

6. The Sub-Divisional Prosecuting Officer, Hajipur at Hajipur.

7. The Sub-Divisional Prosecuting Officer, Mahua, Dist.-Vaishali.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Siddharth Harsh, Advocate : Mr. Shivanand Singh, Advocate : Mr. Andili Ambrose, Advocate : Ms. Amisha Pranash, Advocate For the Respondent/s : Mr. P.K. Verma, AAG-3 : Mr. Suman Kumar Jha, AC to AAG-3 : Ms. Rupali Jha, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR

ORAL JUDGMENT

Date : 12-02-2026 Heard the parties.

2. The present writ petition has been filed for the following reliefs:-

I. For quashing the order contained in Memo no. 3690 dated 1.10.2022 passed by the Inspector General of Police Tirhut Division, Muzaffarpur whereby and where under the appeal of the petitioner was dismissed and order of punishment contained in Memo no. 1833 dated 28.4.2022 passed by the Superintendent of police Vaishali at Hajipur in departmental proceeding no. 67/21 has been affirmed.

II. For quashing the order contained in Memo no 1833 dated 28.4.2022 and Vaishali District order no. 880/2022 passed by the Superintendent of police, Vaishali at Hajipur in departmental proceeding no. 67/21 whereby and where under the petitioner has been awarded punishment of stopping one year increment of the petitioner.

And the petitioner has been also been barred from from holding the post of Station Head Officer for the next 10 years.

3. The learned counsel for the petitioner submits that while the petitioner was posted as Station House Officer (SHO), Rajapakar Police Station, then on 12.10.2021 a first information report was lodged by one Atul Kumar giving rise to Rajakar P.S. Case No. 266 of 2021 under Sections 302, 328, 120(B) and 34 of the Indian Penal Code against named accused persons. One day prior to the date of occurrence, the petitioner on secret information conducted raid at a place as well as house of one Shubham Kumar from where Homeopathic Medicine, some bottles of imperial blue wine, wine bottle wrappers, 12 empty bottle of 375 ml. imperial blue wine and 18 empty bottles of Royal Stag wine was recovered from the house of Shubham Kumar and upon enquiry the name of Bulbul Jha @ Rajesh Kumar Mishra transpired in doing illegal business of liquor, which resulted in lodging of Rajapakar P.S. Case No. 263 of 2021 dated 11.10.2021 under difference Sections of Bihar Prohibition and Excise Act, 2018. Subsequently, the house of Bulbul Jha @ Rajesh Kumar Mishra was raided where several empty bottles of Homeopathic medicine and poisonous liquor were recovered for which again a First Information Report bearing Rajapakar P.S. Case No. 267 of

2021 was registered.

4. It has further been submitted by the learned counsel for the petitioner that a report was submitted by the S.D.P.O., Mahua on 13.10.2021 before the Superintendent of Police, Vaishali wherein all the facts related to the death of father of Atul Kumar and the raids conducted by the petitioner and recovery of liquor and Homeopathic medicines were mentioned but no allegation of dereliction of duty was found against the petitioner. Again vide another letter on the same date i.e. 13.10.2021