Disposed¶26

The State of Bihar v. Vijay Achari

Patna HC17 Feb 2026L.P.A/1118/2025

Case brief

AI extract

What is this about?

Patna High Court, Letters Patent Appeal No.1118 of 2025 (against interim stay order dated 15.10.2025 in CWJC No. 16683 of 2025 staying Annexure-P/8, Letter No. 7489 dated 26.09.2025 of Principal, PMCH); disposed of on 17-02-2026 in view of Supreme Court order dated 27.01.2026 in Special Leave to Appeal (C) No(s). 3068 of 2026 requesting expedition; writ petition to be decided at the earliest by the assigned Bench; oral judgment per Chief Justice Sangam Kumar Sahoo with Harish Kumar, J.; no costs or quantum awarded.

What did the court decide?

Letters Patent Appeal disposed of; matter to be placed before the assigned Bench to decide C.W.J.C. No. 16683 of 2025 at the earliest, as observed by the Hon'ble Supreme Court. ¶26

The State of Bihar Vs Vijay Achari — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Letters Patent Appeal disposed of; matter to be placed before the assigned Bench to decide C.W.J.C. No. 16683 of 2025 at the earliest, as observed by the Hon'ble Supreme Court.

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Issue for consideration

Whether, in view of the Hon'ble Supreme Court's order dated 27.01.2026 in Special Leave to Appeal (C) No(s). 3068 of 2026 requesting expedition of the writ petition, the Letters Patent Appeal should be disposed of so that C.W.J.C. No. 16683 of 2025 is decided at the earliest by the assigned Bench.

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Court's answer

In view of the submission founded on the Hon'ble Supreme Court's order dated 27.01.2026, the Letters Patent Appeal is disposed of and the matter is to be placed before the assigned Bench to decide C.W.J.C. No. 16683 of 2025 at the earliest, as observed by the Hon'ble Supreme Court.

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Detailed headnote1 paragraphs

Letters Patent Appeal by the State of Bihar against the interim order dated 15.10.2025 of the learned Single Judge in CWJC No. 16683 of 2025, whereby operation of Annexure-P/8 (Letter No. 7489 dated 26.09.2025 issued by the Principal, Patna Medical College and Hospital) was stayed, the case was posted to 11.12.2025 and the State was directed to file a para-wise counter affidavit. The Division Bench noted that on 23.12.2025 it had passed orders on three interim applications (delay of five days condoned in I.A. No. 02 of 2025; the order dated 15.10.2025 stayed in I.A. No. 01 of 2025 upon finding an error in the interim order; private respondent directed to file a counter affidavit within two weeks), and that the Hon'ble Supreme Court, by order dated 27.01.2026 in Special Leave to Appeal (C) No(s). 3068 of 2026, had disposed of the SLP and requested the learned Single Judge in seisin of the writ petition to expedite its decision in accordance with law. Upon the State's submission, the Bench (Sangam Kumar Sahoo, CJ, and Harish Kumar, J.; oral judgment per the Chief Justice) disposed of the Letters Patent Appeal, directing that the matter be placed before the assigned Bench to decide C.W.J.C. No. 16683 of 2025 at the earliest, as observed by the Hon'ble Supreme Court.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1118 of 2025

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¶3

Civil Writ Jurisdiction Case No.16683 of 2025

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======================================================

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The State of Bihar through Secretary, Department of Health Department, Govt. of Bihar, Patna.

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The Secretary, Department of Health Department, Govt. of Bihar, Patna.

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The O.S.D., Department of Health Department, Govt. of Bihar, Patna.

¶8

The Executive Director, State Health Society, Bihar, Patna.

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The Principal, Patna Medical College and Hospital, Patna

¶10

... ... Appellant/s

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Versus

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Vijay Achari, Son of Late Dr. Govind Achari, R/o-21-D, Road No. 10, Near Sushma Apartment, Rajendra Nagar, Manoharpur Kachhuara, P.O. Kadamkuan, P.S. Kadamkuan, District-Patna-800016.

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The Registrar, Bihar Council of Mecial Registration, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. Chandra Shekhar Singh (AC to GA- X) For the Respondent/s : Mr. Deo Prakash Singh, Advocate Mr. Pankaj Kumar, Advocate Ms. Nishu Kumari, Advocate ======================================================

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

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Date : 17-02-2026

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This Letters Patent Appeal has been preferred by the State of Bihar challenging the order dated 15.10.2025 passed by the learned Single Judge in CWJC No. 16683 of 2025, wherein the learned Single Judge has stayed the operation of Annexure-P/8 vide Letter No. 7489 dated 26.09.2025, issued by the Principal, Patna Medical College and Hospital and posted

¶19

Patna High Court L.P.A No.1118 of 2025 dt.17-02-2026 2/3

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the case on 11.12.2025, besides the State is further directed to file para-wise counter affidavit.

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Learned counsel for the State has produced the order dated 27.01.2026 of the Hon’ble Supreme Court passed in Special Leave to Appeal (C) No(s). 3068 of 2026. On perusal thereof, it appears that when the matter is taken up on 23.12.2025, this Court passed the order on three interim applications, i.e. I.A. No. 02 of 2025 in which the delay of five days was condoned; I.A. No. 01 of 2025 in which it was held that there is an error in the interim order passed and accordingly the order dated 15.10.2025 was stayed. Further in the Letters Patent Appeal, the private-respondent was directed to file a counter affidavit within a period of two weeks.

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The Hon’ble Supreme Court vide order dated 27.01.2026, while disposing the Special Leave Petition, requested the learned Single Judge in seisin of the writ petition to expedite a decision on it, in accordance with law.

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Learned counsel for the State submits that in view of such order passed by the Hon’ble Supreme Court, the learned Single Judge may be asked to do the needful in terms of the order of the Supreme Court.

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In view of such submission, the present Letters

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Patna High Court L.P.A No.1118 of 2025 dt.17-02-2026 3/3

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Patent Appeal is disposed of and the matter be placed before the assigned Bench to decide the C.W.JC. No. 16683 of 2025 at an earliest, as observed by the Hon’ble Supreme Court.

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(Sangam Kumar Sahoo, CJ)

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(Harish Kumar, J)

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uday/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	18.02.2026
Transmission Date	NA

The State of Bihar v. Vijay Achari

Case brief

What is this about?

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The State of Bihar v. Vijay Achari

Case brief

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