IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12304 of 2025 Arising Out of PS. Case No.-36 Year-2020 Thana- SARMERA District- Nalanda ======================================================

1. Dinesh Tiwari S/O Ram Baran Tiwari Residents of village and P.O and P.S-

Sarmera, District-Nalanda.

2. Sangita Kumari wife of Sudhir Vishwakarma. Resident of village and P.O and P.S-Sarmera, District-Nalanda.

3. Rakhi Devi wife of Late Chunnu Kumar. Resident of village and P.O and P.S-Sarmera, District-Nalanda.

4. Parveen Kumar @ Parveen Kumar Pranay Son of Rajeshwari Prasad Singh Resident of village and P.O and P.S-Sarmera, District-Nalanda.

5. Navraj Sagar son of Shivadani Prasad. Resident of village and P.O and P.S-

Sarmera, District-Nalanda.

... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr.Rajendra Narayan, Sr. Adv Mr. Ram Nibhash Prasad, Advocate Ms. Annapurna Sita, Advocate For the Opposite Party/s : Mr.Parmeshwar Mehta, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

2 12-02-2026 Heard Mr. Rajendran Narayan, learned Senior counsel assisted by Mr. Ram Nibhash Prasad, learned counsel for the petitioners and Mr. Parmeshwar Mehta, learned APP for the State.

directed to add the Panchayat Secretary, Block-Sarmera, District-Nalanda as O.P. No. 2 in course of day.

the petitioners has submitted that the lodging of the present FIR is in gross violation of Rule 4(2) and Rule 9 of the Bihar Panchayat (Inspection of Officers and Inquiry into Affairs, Supervision and Guidelines) Rules, 2014. It has further been submitted that the said Rule provides that unless there is a written order of the District Magistrate to look into the affairs of the Gram Panchayat or to conduct an suo motu inquiry, the same cannot be done by the Panchayat officials. It has next been submitted that it is a case where the Panchayat officers have conducted an inquiry and have subsequently directed for lodging of an FIR.

4. In such view of the matter, issue notice to the newly added OP No. 2. through ordinary post as well as registered cover with A/D for which requisites etc. must be filed within one week from today.

5. Office to make necessary corrections in the cause title.

6. List this case on 18.03.2026, retaining its position.

7. In the meantime, the further proceedings of Sarmera P.S. Case No. 36 of 2020, shall remain stayed against the petitioners. (Sourendra Pandey, J)

aditya/-

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