Patna High Court
Manish kumarversusThe State of Bihar through Director General of Police, Bihar, Patna
- Decided
- Disposal
- ALLOWED
- Bench
- JITENDRA KUMAR
Holding
The court held that an FIR must be lodged against the accused police officer as a prima facie cognizable offence, without requiring sanction under Section 197 CrPC.
Summary
The petitioner, Manish Kumar, alleged that the Station House Officer (SHO) of Murar police station brutally assaulted him, breaking both legs, on the basis of his caste. Despite filing a written complaint and providing an X‑ray report, the police failed to register an FIR. The court examined whether a prima facie cognizable offence against a police officer mandates FIR registration and whether sanction under Section 197 of the Criminal Procedure Code is required. It held that the alleged act is not part of the officer’s official duty, so no sanction is needed, and the police must lodge an FIR. The court directed the SHO to register the FIR, ordered the Director General of Police to monitor compliance and assign the investigation to the Crime Investigation Department, and allowed the writ petition.
Issues considered
- Whether the police are obligated to register an FIR when a prima facie cognizable offence is alleged against a police officer.
- Whether prosecution of a police officer for acts outside official duty requires sanction under Section 197 CrPC.
- Whether the petitioner can be directed to approach a Judicial Magistrate under Section 156(3) CrPC/175(3) B.N.S.S. instead of ordering FIR registration.
- Whether failure to lodge an FIR violates the petitioner’s fundamental right to life and liberty under Article 21 of the Constitution.
Legislation cited
- Bihar Police Service (B.N.S.S.) — s. 175(3)
- Criminal Procedure Code — s. 156(3), 197
Subjects
- police brutality
- FIR registration
- caste discrimination
- Article 21
- Section 197 CrPC
- Section 156(3) CrPC
- Section 175(3) B.N.S.S.
- writ jurisdiction
- CID investigation
- fundamental rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2515 of 2024
======================================================
Manish Kumar, S/o Shiv Shankar Yadav, R/o Vill - Gangahar, P.S. - Ara
Muffasil, Distt.- Bhojpur
... ... Petitioner
Versus
1. The State of Bihar through Director General of Police, Bihar, Patna
2. The Home Secretary, Home Deptt., Govt. of Bihar, Patna
3. The District Magistrate, Ara Bihar
4. The Superintendent of Police, Buxar Bihar
5. The Superintendent of Police, Bhojpur, Ara Bihar
6. The Station House Officer, Murar, Buxar Bihar
7. The Station House Officer, Muffassil Police Station, Ara Bihar
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Malti Kumari, Advocate
For the State : Mr. Akhileshwar Singh, AC to G.A-2
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL JUDGMENT
Date : 16-06-2026
The present writ petition has been preferred by the
Petitioner seeking lodging of FIR against the Station House
Officer, Murar, Buxar, pleading that despite the written report
given by the Petitioner to the concerned Officer In-Charge, of
the Police Station, and the Superintendent of Police, as well as
the District Magistrate, FIR has not been lodged by the
concerned police station.
2. As per the allegation, the Petitioner was brutally
assaulted by the Station House Officer, Murar, Buxar breaking
his both legs without any rhyme and reason, only on account of
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the Petitioner belonging to a particular caste. As per the written
report submitted by the Petitioner to the concerned police
officer, the Petitioner had gone to the stall of his friend situated
in the village Chaugaya on 04.07.2024 for online uploading of
title documents in regard to his land. At 2:00 PM. When the
Petitioner was going to answer the call of nature, the vehicle of
Murar police station came, wherein, the Station House Officer,
Murar Police Station and other constables were present. The
Station House Officer called him and enquired about him and
when he came to know that he belongs to a particular caste, he
started abusing him in filthy language and assaulting him with
his danda breaking his both legs.
3. The X-Ray report of the broken legs of the
Petitioner has been annexed with this writ petition, clearly
showing that the Petitioner has suffered at the brutal hands of
the accused, who happened to be a police officer, who is
supposed to be a protector of the life and liberty of a citizen.
4. Counter affidavit on behalf of the Superintendent of
Police, Buxar has been filed, as per which, the breaking of legs
of the Petitioenr is admitted. The defense put forward by the
police is that the police has not beaten the Petitioner. The
Petitioner had in fact, slipped on account of rainy weather
Patna High Court CR. WJC No.2515 of 2024 dt.16-06-2026
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resulting into breaking of his legs. However, the breaking of the
legs of the Petitioner, as is visible in the X-Ray Report, does not
persuade this Court to accept the explanation given by the
police, nor can one believe that a poor man who does not gather
courage to lodge FIR even against his co-citizen can dare to
lodge false report against a police officer.
5. Be as it is, as per the allegation, prima facie case of
cognizable offence is clearly made out against Kamal Nayan
Pandey, who was the then Officer in-Charge of Murar Police
Station, Buxar, Ara. The Court, at this Stage, is required not to
look into the veracity of the allegation but to see to it that as per
the allegation, prima facie cognizable offence is made out,
warranting registration of FIR against the accused, and it is
needless to say that as per the allegation, there is clearly
commission of serious cognizable offence by the accused.
6. Moreover, for prosecution of the accused, who
happened to be a police officer, does not require even sanction
under Section 197 Cr.PC/ 218 B.N.S.S. because such brutal act
on the part of the police officer against a poor man is not a part
of his official duty.
7. It is shocking and disturbing that the cry of the
victim for lodging of FIR before the concerned police officers,
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including the Superintendent of Police and the District
Magistrate, went unheard by the officers despite their duty to do
the needful to prosecute the accused, even if the accused
happened to be an officer. It is trite to say that ours is a
constitutional democracy based on rule of law. Howsoever high
one may be, the law is above all. There is also equality before
law and equal protection of law of everybody, howsoever poor
he may be.
8. At this stage, referring the Petitioner to the Judicial
Magistrate under Section 156(3) Cr.PC/175(3) B.N.S.S. would
be further injustice to the Petitioner. Moreover, as per the
allegation, there is clear violation of fundamental right of the
Petitioner as granted and guaranteed under Article 21 of the
Constitution requiring immediate lodging of FIR, failing which,
the people of the Country would lose faith not only in police but
even in the Writ Court.
9. Hence, the Station House Officer, Murar Buxar is
directed to lodge FIR against Kamal Nayan Pandey, the then
Station House Officer, Murar, Buxar.
10. The Director General of Police, Bihar is directed
to take compliance report from the Station House Officer,
Murar, Buxar, Ara regarding lodging of the FIR and entrust the
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investigation to the Crime Investigation Department because
this case is lodged against a police officer.
11. In case, the Petitioner is not satisfied by the
investigation of the C.I.D. also, then he would be at liberty to
file a further writ petition before this Court seeking appointment
of C.B.I. to investigate into the matter, because this matter
relates to protection of the fundamental right of the people and
brutality committed by the police officer. If such conduct is not
controlled and checked, the whole rule of law and constitutional
protection of life and liberty of the citizen of the country would
go to wind and the national police may become like one of Nazi
Germany.
12. The present writ petition is allowed, accordingly.
13. The D.G.P., Bihar is also directed to send a
compliance report to the Registrar General of this Court to be
put up on record within thirty days.
(Jitendra Kumar, J.)
Chandan/-
AFR/NAFR A.F.R
CAV DATE NA
Uploading Date 17.06.2026
Transmission Date 17.06.2026
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