The Patna High Court has directed the registration of an FIR against a former Station House Officer (SHO) of Murar Police Station in Bihar after finding that the allegations made by the petitioner disclosed a prima facie cognizable offence. The Court held that such allegations required immediate criminal investigation and observed that the law applies equally to every person, including police officials.
Background of the Case
The petition was filed by Manish Kumar, who approached the High Court claiming that despite submitting written complaints to the local police, the Superintendent of Police, and the District Magistrate, no FIR had been registered against the then SHO of Murar Police Station. According to the petition, the incident occurred on 4 July 2024, when the petitioner alleged that he was assaulted by the police officer, resulting in fractures to both of his legs. He also claimed that the incident followed questions regarding his caste identity.
The Court noted that the petitioner had placed X-ray reports on record showing fractures in both legs. In response, the police accepted that the petitioner had suffered fractures but maintained that the injuries were caused by an accidental fall during rainy weather rather than any assault.
Court's Observations
Justice Jitendra Kumar observed that, at this stage, the Court was only required to determine whether the allegations disclosed a cognizable offence and not whether they had been conclusively proved.
The bench observed,
"As per the allegation, prima facie case of cognizable offence is clearly made out."
The Court further held that alleged acts of brutality by a police officer could not be regarded as part of official duty and therefore did not require prior sanction for prosecution.
Emphasising the constitutional principle of equality before law, the Court remarked,
"Howsoever high one may be, the law is above all."
It also expressed concern that the petitioner's complaints had allegedly gone unanswered despite being made before senior police authorities.
Court's Decision
Allowing the writ petition, the Patna High Court directed the Station House Officer of Murar Police Station to register an FIR against Kamal Nayan Pandey, the then SHO of the police station.
The Court also instructed the Director General of Police, Bihar, to obtain a compliance report and transfer the investigation to the Crime Investigation Department (CID), considering that the allegations were against a police officer.
It further directed the DGP to submit a compliance report before the Registrar General of the High Court within 30 days.
Case Details
Case Title: Manish Kumar v. The State of Bihar & Others
Case Number: Criminal Writ Jurisdiction Case No. 2515 of 2024
Judge: Justice Jitendra Kumar
Decision Date: 16 June 2026
