IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1849 of 2026 ======================================================

Md. Ibrahim Son of Late Md. Kasim, Resident of village- Bikram (Noniatola), P.S- Bikram, District- Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Addl. Chief Secretary, Health Department, Government of Bihar, Patna.

2. The Joint Secretary, Health Department, Government of Bihar, Patna.

3. The Director, Health Department, Government of Bihar, Patna.

4. The District Magistrate, Patna.

5. The Civil Surgeon Cum Chief Medical Officer, Patna.

6. The District Health Committee through its Member Secretary, Patna. 7. The Incharge Medical Officer, Primary Health Centre, Bikram, Patna ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv.

Mr. Ravi Ranjan Kumar, Adv.

Mr. Mayank Raj, Adv. Mr. Rahul Singh, Adv.

Mr. Adarsh Prasar, Adv.

For the Respondent/s : Mr. Kumar Manish, SC 5 Mr. Madan Mohan, AC to SC 5 ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

2 20-02-2026 This Public Interest Litigation has been filed by Md.

Ibrahim seeking for the following relief(s):

“That petitioner is invoking the extra-ordinary writ jurisdiction of Hon’ble Court in shape of Public Interest Litigation for issuance of appropriate writ/writs, order/orders, direction/directions commanding the respondent authorities not to shift the Primary Health Centre, Bikram from Bikram to Community Health Centre at village- Datiyana under same Block as PHC Bikram Caters the need of twelve gram Panhayats under Block-Bikram which is situated 02-03 Kms away from Bikram PHC where village- Datiyana is situated 07 Kms away from Bikram Block and surrounded by four panchayat and a community Health Centre has already been constructed thereon and by now respondent no. 5 (The Civil Surgeon) issued memo no. 1169 dated 18.10.2025 issued and ordered to respondent no. 7 to take charge of community Health Centre, Datiyana. Petitioner reliably learnt that PHC Bikram is going to merge into community Health Centre at village Datiyana by naming the same community Health Centre, Bikram.”

2. Learned Senior Counsel appearing for the petitioner submitted that by closing the Primary Health Centre at Bikram Block, huge number of villagers are being deprived from getting medical facilities. The said PHC was established more than 100 years back in the year 1912 and it caters to the need of local people by providing health services in the shape of delivery of child, accidental injury and other health issues and it is surrounded by several Gram Panchayats and situated on NH-2 and it was very helpful to provide emergency treatment for the victims of road accident. The construction of the Community Health Centre at Datiyana which is situated at the place of 6 to 7 kilometres away can hardly fulfill the health requirement of four Gram Panchayats but on account of political reason, the PHC Bikram is going to be shifted to Village Datiyana.

3. The learned Senior Counsel during the course of argument submitted that the petitioner has no objection in opening of another PHC in Village Datiyana, but the people of the Gram Panchayat who have been benefited due to PHC at Bikram for more than 100 years should not be deprived and the Bikram PHC should remain functional even after opening of the said PHC at Datiyana.

4. Learned counsel for the State seeks some time to obtain necessary instruction on this issue.

5. As prayed for list this case on 20.03.2026.

(Sangam Kumar Sahoo, CJ)

( Harish Kumar, J)

Anjani/-

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