In a significant order concerning police accountability, the Patna High Court has directed registration of an FIR against a former Station House Officer (SHO) of Murar Police Station in Bihar after a petitioner alleged that the officer assaulted him and caused serious injuries. The Court also ordered that the investigation be handed over to the Crime Investigation Department (CID).
The order was passed by Justice Jitendra Kumar on June 16, 2026, in Manish Kumar v. State of Bihar & Ors., Criminal Writ Jurisdiction Case No. 2515 of 2024.
Background of the Case
The petitioner, Manish Kumar, approached the High Court claiming that despite submitting written complaints to police authorities, the Superintendent of Police, and the District Magistrate, no FIR had been registered regarding the incident.
According to the allegations, Kumar had visited a village on July 4, 2024, for work related to uploading land documents. He claimed that while he was there, a police vehicle arrived and the then SHO of Murar Police Station allegedly questioned him, abused him, and assaulted him, resulting in fractures in both legs.
Medical records, including X-ray reports showing fractures, were placed before the Court.
During the hearing, the Court examined the response filed on behalf of the Superintendent of Police, Buxar. While the police disputed the allegation of assault, they acknowledged that the petitioner had suffered leg fractures. The explanation offered was that he had slipped due to rainy weather.
Justice Kumar, however, was not persuaded by that explanation at this stage.
“The Court, at this stage, is required not to look into the veracity of the allegation but to see whether a prima facie cognizable offence is made out,” the bench observed.
The Court further noted that the allegations disclosed a serious cognizable offence warranting immediate registration of an FIR. It also held that sanction for prosecution was not required because such an alleged act could not be considered part of a police officer's official duty.
Expressing concern, the Court remarked that complaints made by the petitioner to senior authorities allegedly went unanswered despite their legal responsibilities.
The bench stated,
“Howsoever high one may be, the law is above all.”
Allowing the writ petition, the Patna High Court directed the SHO 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 regarding registration of the FIR and ensure that the investigation is conducted by the CID, considering that the allegations are against a police officer.
Additionally, the DGP was directed to submit a compliance report before the Registrar General of the High Court within 30 days.
With these directions, the writ petition was allowed.
Case Details:
Case Title: Manish Kumar v. State of Bihar & Ors.
Case Number: Criminal Writ Jurisdiction Case No. 2515 of 2024
Judge: Justice Jitendra Kumar
Decision Date: June 16, 2026
