Patna High Court
Rana Rahul Ranjan vs The State Of Bihar Through Chief … on 30 July, 2025
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.443 of 2025
Arising Out of PS. Case No.-1040 Year-2024 Thana- SASARAM NAGAR District- Rohtas
======================================================
Rana Rahul Ranjan, son of Ashok Singh, resident of village - Silari, P.O.-
Silari, P.S.- Shivsagar, District- Rohtas.
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
2. The Department of Home through its Principal Secretary, Government of
Bihar, Patna
3. The Director General of Police, Bihar, Patna
4. The Inspector General of Police, Patna Division, Patna
5. The Additional Director General Of Police, C.I.D., Bihar, Patna Bihar
6. The Superintendent Of Police, Rohtas, Sasaram, Bihar
7. The Deputy Superintendent-cum- Investigating Officer, C.I.D., Bihar, Patna.
8. The S.H.O., Sasaram Town Police Station, Sasaram, Bihar
9. The Central Bureau of Investigation, Bihar, Patna.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Kumar Singh, Advocate
For the State : S.C.20
For the C.B.I. : Mr. Manoj Kumar Singh, CGC
Mr. Ankit Kumar Singh, Advocate
Mr. Amarjeet, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
CAV JUDGMENT
Date : 30-07-2025
Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the Central Bureau
of Investigation (C.B.I.).
2. In this case, the petitioner has prayed for the
following reliefs: -
"(i) To issue an appropriate writ, order or
direction in the nature of mandamus
commanding the Respondents to conduct
proper, fair, impartial and speedy
investigation in a time bound manner
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
2/49
following the due process of law in
Sasaram Town Model Police Station Case
No.1040 of 2024, registered for the
commission of offences punishable under
sections 126(2), 115(2), 109, 103(1),
351(2)/3(5) of the Bhartiya Nyaya Sanhita,
2023, and section 27 of the Arms Act.
(ii) To direct the C.I.D. to take evidence from the
eye witnesses immediately and to arrest the
accused police officer and his bodyguard
as there is a specific allegation of murder
against them.
(iii) To direct the learned Chief Judicial
Magistrate, Sasaram, Rohtas, to monitor
the investigation of the above-mentioned
case properly, because in this case there is
a specific allegation of shooting the
petitioner's brother against a Police Officer
(Deputy Superintendent of Police, Traffic)
and his bodyguard."
3. The present criminal writ petition emanates
from an incident which is alleged to have taken place on the
night of 27.12.2024 at about 10:00 P.M., in which the younger
brother of the present petitioner was killed at the hands of the
police officials.
4. In the present F.I.R. instituted by the
petitioner/informant, it is alleged that on the night of 27.12.2024
at about 10:00 P.M. the younger brother of the petitioner and his
friends were gathered in the courtyard of the dwelling house of
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
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one Kalika Singh situated near 'Pir Baba' courtyard in Sasaram
to celebrate the birthday of their friend Sivam Singh. At that
time, the Deputy Superintendent (Traffic) namely, Adil Bilal and
his bodyguard namely, Chandramauli Nagia along with 3-4
unknown persons came to the said place and started enquiring
and when the brother of the informant and his friends objected
to the same, the aforesaid police officials threatened them and
suddenly opened fired from the service revolver aiming at the
brother of the informant and his friends. In the said firing, the
brother of the petitioner died on spot and two friends of the
brother of the informant namely, Atul Singh and Vinod Pal
sustained serious injuries. It is also alleged that thereafter the
Dy. S.P. threatened the other persons to implicate them in false
and frivolous cases.
4.1. Lastly, it is alleged that that on the aforesaid
night, the friends of the brother of the informant were
consuming alcohol and this fact was in the knowledge of the Dy.
S.P. who was present nearby at the place of occurrence in a van
of traffic police station and therefore, he came there in order to
extort money from the persons who were celebrating the
birthday party which is the cause of the occurrence.
5. Apart from the allegations made in the F.I.R.,
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
4/49
it is the case of the petitioner that the informant has merely
signed on the application based on which the present F.I.R. vide
Sasaram Town P.S. Case No.1040 of 2024 was registered since
he was compelled by the police officials and according to the
petitioner, the contents of the aforesaid F.I.R. are not exactly the
same as per the real/actual scenario.
6. It is the case of the petitioner that the real
fact is that on the date of occurrence i.e. on 27.12.2024 some
persons including Sudhir, Atul, Vikash, Aniket, Binod and Rana
Om Prakash had gathered in the courtyard of the dwelling house
of one Kalika Singh situated at Sasaram to celebrate the
birthday of their friend and at around 10:00 P.M. in the night.
Sivam and Tushar went to purchase some food items and when
they returned, the Dy. S.P. (Traffic) and his bodyguard, without
any authority, much less any lawful warrant, came to the said
place in civil dress and started scolding, threatening and abusing
them. The aforesaid Police Officers alleged that the persons
present there were consuming alcohol, however when no illicit
liquor was found at the place, the aforesaid police officials
started demanding money and went on to threaten them to
implicate in fake and frivolous criminal cases. When such
demand for money was strongly objected by the said persons,
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
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the police officers became violent and started firing from their
service revolver and fled away. In the said firing, three persons
namely, Om Prakash @ Badal, Atul Kashyap and Binod Pal
sustained injuries and the injured were taken to the hospital
where Om Prakash (brother of the petitioner) was declared dead.
7. According to the petitioner, the Dy. S.P.
(Traffic)-Adil Bilal and his bodyguard, in order to establish and
cement their defence and escape from liability, got two separate
F.I.Rs registered, the first F.I.R was lodged on the basis of the
fardbeyan of the bodyguard of the Dy. S.P. i.e. the present co-
accused Chandramauli Nagia, which was registered as Sasaaram
Town P.S. No.1038 of 2024 against unknown persons. It is the
further case of the petitioner that after the aforesaid occurrence,
in which the brother of the petitioner died, subsequently the
bodyguard of the Dy. S.P namely, Chandramauli Nagiya @
Sonu, immediately reached the Sadar Hospital, Sasaram and
called a Sub-Inspector namely, Bhagirath Kumar, who was
posted at the same traffic Police Station and asked him to record
his statement (fardbeyan), which was thereafter forwarded to
Sasaram Town Police Station, in whose jurisdiction the incident
had taken place. Based on the aforesaid fardbeyan, Sasaram
Town P.S. Case No.1038 of 2024 was registered under sections
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
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191(2), 190, 126(2), 115(2), 132, 121(2), 109, 125(a), 324(4) of
the Bhartiya Nyaya Samhita, 2023 against unknown persons.
8. Learned counsel for the petitioner has
adverted to the fardbeyan of the bodyguard of the Dy. S.P.
namely, Chandramauli Nagia, based on which the Sasaram
Town P.S. Case No. 1038 of 2024 was registered. The aforesaid
fardbeyan reads as under:-
"Fardbayan of CT Chandra Mauli Nagiya age
about 31 year son of Sh. Munna Raj at village-
Darapur, PS- Mahnar Dist- Vaishali recorded by
SI Bhagirath Kumar Traffic PS Sararam on
dated 28-12-2024 at 00:15 AM on Sadar
Hospital Sasaram near truma Center.
gekjk uke fl0 717 pUnzekSyh ukfx;k mez 31 o'kZ firk
Jh eqUuk jk; lk0&nkjkiqj Fkkuk egkj ftyk&oS"kkyh gSA
eSa orZeku esa jksgrkl ftyk cy iqfyl mik/kh{kd
egksn; ;krk;kr jksgrkl ds vaxj{kd ds in ij
inLFkkfir gwaA fnukad 27-12-2024 dks eSa iqfyl
mik/kh{kd egksn; ;krk;kr ds lkFk M~;wVh djrs gq,
le; djhc 22-20 cts jkf= djxgj eksM+ ls iksLV
vkWfQl pkSd ds rjQ tk jgs Fks] rHkh yxHkx djxgj
eksM+ ls 50 ehVj vkxs rks ns[kk dh ,d eksVj lkbZfdy
ij nks O;fDr lokj gS tks ogka ij [kM+h Vªd ,oa VksVks
ds pkyd ls dkQh fookn dj jgk Fkk] ftls ns[kdj
iqfyl mik/kh{kd egksn; ljdkjh xkM+h jksddj eq>s
ns[kus dks dgk] xkM+h :drs gh eksVjlkbZfdy lokj
O;fDr Hkkxus yxs] blij iqfyl mik/kh{kd egksn; cksys
dh yxrk gS fd ;s lafnX/k O;fDr gS bldks idM+ks
blij eSa Hkkx jgs eksVj lkbZfdy lokj dk ihNk fd;k
rks eksVj&lkbZfdy ij lokj nksuksa O;fDRk cxy ds ,d
dEikm.M ds vanj izos"k dj x;sA eSa Hkh ihNk djrs gq,
dEikm.M ds vanj izos"k fd;k] ihNs ls iqfyl mik/kh{kd
egksn; Hkh ogka vk x,A blh dze esa eSa eksVj&lkbZfdy
lokj ,d O;fDr dks idM+ fy;kA dEikm.M ds vanj
20&25 dh la[;k esa yksx Fks] tSls gh eSa eksVj&lkbZfdy
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
7/49
ij lokj ,d O;fDr dks idM+k] vpkud 05&06 O;fDr
esjs mij geyk dj fn;s vkSj esjk lfoZl fiLVy eq>s
iVd dj fNuus yxs] rc eSa viuk lfoZl fiLVy ,d
gkFk ls idM+k vkSj nqljs gkFk ls vius&vki dks cpkus
dk iz;kl djus yx x;k] blh [khpk&rkuh esa esjs lfoZl
fiLVy ls Qk;j gks x;k] rc geykoj ihNs gVs vkSj
iqfyl mik/kh{kd egksn; ;krk;kr jksgrkl cksys dh
tYnh ;gka ls gVks] tc eSa vkSj iqfyl mik/kh{kd egksn;
ogka ls fudyus yxs] rc dEikm.M esa mifLFkr 20&25
O;fDRk esjs ,oa iqfyl mik/kh{kd egksn; ds mij bZV o
iRFkj ls tkuysok geyk dj fn;kA iRFkj ls ljdkjh
xkM+h ds ihNs dk "kh"kk VqV x;k] blh dze esa iqfyl
mik/kh{kd egksn; ds funsZ"k ij cpus ds mn~ns"; ls ,d
gokbZ Qk;j fd;kA rc tkdj geyksx dh tku cp
ik;hA geyk djus okys ml dEikm.M ds ekfyd ,oa
muds lg;ksxh FksA ftUgsa eSa ns[kdj igpku ldrk gwaA
;gh gekjk c;ku gS] eSa viuk C;ku i<+dj lqu o
le> fy;kA lgh ikdj viuk gLrk{kj cuk fn;kA
pUnzekSyh ukfx;k
28@12@24
vaxj{kd] ;krk;kr
iqfyl mik/kh{kd
jksgrkl
9. It is the case of the petitioner that the second
F.I.R came to registered on the self-statement of the Officer-in-
charge of Sasaram Town Police Station under the provisions of
the Bihar Prohibition and Excise Act, 2016, which was
registered as F.I.R. in connection with Sasaram Town P.S. Case
No.1039 of 2024 against the owner of the premises as well as
unknown persons.
10. The petitioner has adverted to the typed self-
statement of the Inspector-cum-S.H.O, Rajiv Ranjan Rai, based
on which Sasaram Town P.S. Case No.1039 of 2024 was
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
8/49
registered, which reads as under:-
"Self Statement of Ins cum SHO Rajiv Ranjan
Rai Sasaram Town PS on Dated 28.12.2024 at
05:15 Hrs at office of Sasaram Town PS.
eSa iq0fu0 jktho jatu jk;] orZeku esa lklkjke uxj Fkkuk esa
iq0fu0 lg Fkkuk/;{k] ds in ij inLFkkfir gwaA vkt fnukad
28-12-2024
dks le; djhc 05-15 cts Lo;a dk c;ku Vafdr
djrk gwa fd fnukad 27-12-2024 dks le; djhc 22%40 cts
lwpuk feyh fd lklkjke uxj FkkukUrxZr djgxj eksM+ ds
ikl dkfydk flag dk gkrk esa cFkZMs ikVhZ euk jgs dqN yksxksa
}kjk ;krk;kr iqfyl mik/kh{kd vkfny fcyky ,oa muds
xkMZ ij gkFkkikbZ dj iqfyl ij geyk fd;k x;k ,oa xksyh
Qk;j gksus dh ?kVuk ?kVh gS] ftlesa dqN O;fDr t[eh gks
x;s gSA bl lwpuk ls ojh; inkf/kdkfj;ksa dks voxr djkrs
gq, eSa ,oa esjs lkFk iq0v0fu0 lq”kar dqekj] iq0v0fu0 jkeo`{k
dqekj] iq0v0fu0 jfojatu xqIrk] iq0v0fu0 lsQw dqekjh]
iq0v0fu0 uhjt dqekj] iq0v0fu0 iqtk dqekjh ,oa efgyk
iq:’k l”kL= cy ds lkFk le; djhc 22%50 cts Fkkuk ls
?kVukLFky ds fy, izLFkku fd;kA mijksDr iqfyl
inkf/kdkfj;ksa ,oa iqfyl cy ds lkFk le; djhc 23%05 cts
?kVukLFky djgxj eksM+ ds ikl dkfydk flag dk gkrk ds
ikl igqapkA ?kVukLFky dks iqfyl inkf/kdkjh ,oa iqfyl cy
ds lg;ksx ls ?ksjk canh dj ?kVukLFky dks lqjf{kr j[kk x;k
rFkk ojh; inkf/kdkjh ,oa ,Q0,y0,y0 Vhe dks vkus dk
bUrtkj fd;k tk jgk Fkk ,oa esjs }kjk Fkkuk ,oa Fkkuk{ks= esa
fuxjkuh j[kh tk jgh FkhA vuqeaMy inkf/kdkjh egksn;]
lklkjke ,oa vuqeaMy iqfyl inkf/kdkjh egksn; lklkjke&2
,oa,Q0,l0,y0 dh Vhe rFkk ftyk inkf/kdkjh egksn; }kjk
izfrfu;qDr n.Mkf/kdkjh ds mifLFkfr esa fofM;ksxzkQh djkrs
gq, ?kVukLFkyh ds vkl ikl ds izn”kksZa dks Qksjasfld fo”ks’kK
Jh izHkkr ;kno }kjk fyQ~Vhax o iSfdax fd;k x;kA
rRi”pkr Qksjasfld fo”ks’kK Jh izHkkr ;kno lHkh lkekuksa dks
ysrs gq, ;krk;kr Fkkuk] lklkjke igqaps rFkk ;krk;kr iqfyl
mik/kh{kd eks0 vkfny fcyky ,oa flikgh pUnzekSyh ufx;k
dk th0,l0vkj0 fy;k x;kA rRi”pkr ,Q0,l0,y0
Vhe }kjk fyQ~Vhax ,oa iSfdax fd;s x;s lHkh lkekuksa dks eq>s
Fkkuk ij lkSaik x;k] ftls tIrh lwph cukdj tIr fd;k
x;k] tks fuEu izdkj gS%&
1- ,d mtyk jax dk fyQkQk esa cUn “kh”kk dk VqdM+k
(Exhibit Marked “A”) A
2- ,d mtyk jax dk fyQkQk esa cUn Fired Bullet
¼[kks[kk½ (Exhibit Marked “B”)A
3- ,d mtyk jax dk fyQkQk esa cUn Fired Bullet
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
9/49
¼[kks[kk½ Labelled as KF-21 9mm (Exhibit Marked
“C”)A
4- ,d mtyk jax dk fyQkQk esa cUn Fired Cartridge
Labelled as KF-21 9mm (Exhibit Marked “D”)A
5- ,d mtyk jax dk fyQkQk esa cUn Fired Bullet
Labelled as KF-21 9mm (Exhibit Marked “E”)A
6- ,d mtyk jax dk fyQkQk esa cUn Fired Bullet
Labelled as KF-21 9mm (Exhibit Marked “F”)A
7- ,d mtyk jax isij esa yisVk gqvk cksry ftlij
Bacardi Limon glass bottal 375ml having
Traces of watery Liquid (Exhibit marked “G”)
8- ,d mtyk jax dk fyQkQk esa cUn glass bottal
375ml Labelled as Royal Stage having Traces of
pale yellow Liquid (Exhibit marked “H”)
9- ,d mtyk jax dk fyQkQk esa cUn Seal Pack
Metallic Bottle Lable-Mix Fruit 250 ml (Exhibit
Marked “I”)A
10- ,d Metallic Cigar (Exhibit Marked “J”)A
11- ,d mtyk jax dk fyQkQk esa cUn rhu ihl Clay
Chilam (Exhibit Marked “K”)A
12- ,d mtyk jax dk fyQkQk esa cUn Two Plastic
Glass Having Some Pale Yellow Liquied Type
Traces (Exhibit Marked “L”)A
13- ,d mtyk jax dk fyQkQk esa cUn Mobile Phone
OPPO Light Sky Blue Color in on Condition
(Exhibit Marked “M”)A
14- A Diary labeled as 2021 (Exhibit Marked
“N”)A
15- ,d mtyk jax dk fyQkQk esa cUn Open Glass
Bottal Labelled as Royal Stage 375 ML having
Yello Liquid in Trace among and Two Metallic
Open Bottle (Broken Seal) Labelled as jojonavi
mix fruit 250 ml (Exhibit marked “O”) A
16- An Air Gun With Broken Wooden Part
(Exhibit Marked “P”)A
17- Seven Open Glass Bottle Labled as Royal
Stag 375 ml Having Vacant (Exhibit Marked
“Q”)A
18- ,d mtyk jax dk fyQkQk esa cUn GSR Swab on
Cotton Gauge Lifted From Right Hand of Md
Aadil Bilal (Exhibit Marked “1”)A
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
10/49
19- ,d mtyk jax dk fyQkQk esa cUn GSR Swab on
Cotton Gauge Lifted From Right Hand of
Constable Chandra Mauli (Exhibit Marked
“2”)A
All Exhibit are Lifted and Packed by
Forensic Expert Mr. Prabhat Yadav, Rohtas
District.
tIrh dk dze la0 07] 08] 12] 15 esa dqN ek=k
“kjkc dk tIr fd;k x;k gSA
vr% fcgkj esa iw.kZ “kjkc cUnh ds ckotwn “kjkc dk
dz; fodz; ifjogu ,oa Hk.Mkj.k djuk laKs; vijk/k gS]
gkrk ekfyd ,oa vU; vKkr ds fo:) mDr vkjksi esa
vkjksfir djrs gq, izkFkfedh ntZ dh tkrh gSA
fo”oklHkktu
g0&
28@12@24
iq0fu0&lg&Fkkuk/;{k
lklkjke uxj FkkukA”
11. It is the case of the petitioner that both the
aforementioned F.I.Rs. are merely a pre-emptive attempt by the
Police to distort the actual incident and delay the registration of
the F.I.R. for the actual incident of firing which has taken place
in the night of 27.12.2024 at about 10:00 P.M. Finally, the
version of the petitioner/informant was registered on 28.12.2024
at 07:30AM as Sasaram Town P.S. Case No.1040 of 2024 under
sections 126(2), 115(2), 109, 103(1), 351(2)(3)(5) of the
Bhartiya Nyaya Samhita, 2023 and section 27 of the Arms Act
i.e. only after registration of the aforementioned two F.I.Rs. of
the police officials but according to the petitioner even in the
present F.I.R. the true and actual facts has not been mentioned
since the Police itself prepared the application and thereafter
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
11/49compelled the petitioner/informant to put his signature on the
aforesaid application based on which Sasaram Town P.S. Case
No.1040 of 2024 was registered. The application of the
petitioner, based on which, the present F.I.R. has been registered
reads as under: –
” lsok esa]
Fkkuk/;{k egksn;
lklkjke uxj FkkukA
fo’k;% izkFkfedh ntZ djus ds laca/k esaA
egk”k;]
eSa jk.kk jkgqy jatu firk&v”kksd flag mez 38
o’kZ irk xzke$iks- flykjh Fkkuk- f”kolkxj ftyk- jksgrkl
vkt fnukad 28-12-2024 dks fuEufyf[kr c;ku vafdr
djrk gwa fd dy jkr fnukad 27-12-24 dks yxHkx jkf=
10 cts ihjckck lklkjke ds ikl vofLFkr gkrk tks gfj
th ds gkrk ds uke ls tkuk tkrk gS esa esjk HkkbZ jk.kk
vkse izdk”k mQZ ckny vius fe=ksa ds lkFk jkf= Hkkst
dj jgs Fks rHkh vpkud ;krk;kr Fkkuk ds fM-,l-ih-
eksgEen vkfny fcyky vius vaxj{kdksa ftlesa ,d
lksuw ,oa 3]4 vKkr ds lkFk vanj gkrk esa izos”k fd,
vkSj gekjs jkf= Hkkst tks fd esjs HkkbZ ds fe= f”koe flag
dk tUefnu dk ikVhZ Fkk ds lanHkZ esa loky tokc djus
yxs gekjs fojks/k ij /kedh nsrs gq, ekjihV djus yxs]
gekjs fojks/k djus ij dgus yxs fd ,d feuV esa gks”k
BaMk dj nsaxs vkSj vpkud vius lfoZl fjoksYoj
fudkydj ,dk&,d 6 jkmaM esjs HkkbZ ,oa mlds fe=ksa
ij fu”kkuk lk/krs gq, xksyh pyk fn;k] ftl dze esa
gekjs HkkbZ fd ?kVukLFky ij e`R;q gks x;h tcfd ,d
vU; fe= vrqy flag ds gkFk esa xEHkhj pksV yxh tcfd
,d vU; fe= fouksn ds Hkh ekFks esa xEHkhj pksV yxh gSA
vfHk;qDr fM-,l-ih- }kjk ckfd vU; yksxksa dks /kedh
fn;k fd rqe yksxksa dks >wBs eqdnek esa Qalk dj ftanxh
cckZn dj nsaxsA
mYys[kuh; gS fd jkf= Hkkst ds nkSjku esjs HkkbZ
ds dqN fe= “kjkc dk lsou dj jgs Fks ftldh
tkudkjh ogka [kM+s ;krk;kr Fkkuk ds oSu esa cSBs fM-,l-
ih- ;krk;kr Fkkuk lklkjke dks Fkk tks ogka bl vkM+ esa
voS/k olqyh djus ds mn~ns”; ls izos”k fd, Fks vkSj blh
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
12/49dze esa ?kVuk dks vatke fn;kA
vr% Jheku ls izkFkZuk gS fd mijksDr fo’k; dk
laKku ysdj vfHk;qDrx.kksa ij mfpr dkuwuh dkjZokbZ fd
tk, ftls gesa U;k; fey ldsaA
vkidk fo”oklh
sd-Rana Rahul Ranjan
V+P- Silari
P.S- Shiv Sagar
Dist- Rohtas”
12. As per the petitioner, the delay in lodging his
F.I.R. was caused deliberately only with a view to register the
two aforementioned F.I.Rs prior in time in order to justify the
acts of firing where one person i.e. the brother of the petitioner
was killed and two other persons were injured.
13. The petitioner has categorically pointed that
all the three aforesaid F.I.Rs are connected to the same
occurrence and the events that allegedly unfolded in the house
of one Kalika Singh situated at Sasaram on the night of
27.12.2024. It is submitted and reiterated by the petitioner that
after the alleged murder of the brother of the petitioner, the first
F.I.R viz. Sasaram Town P.S. Case No.1038 of 2024 was
registered on the basis of the fardbeyan of the bodyguard of the
Dy. S.P., who is accused in the present case and the same was
registered against unknown persons. The second F.I.R. viz.
Sasaram Town P.S. Case No. 1039 of 2024 was registered on the
basis of the self-statement of the S.H.O of the Sasaram Town
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
13/49
Police Station and lastly the third and the present F.I.R was
registered as Sasaram Town P.S. Case No.1040 of 2024. It is
vehemently submitted by the learned counsel that the act of
lodging these two F.I.Rs. where the informants are police
officials themselves is a clear and blatant exercise of arbitrary
police powers, which has been done in order to mislead and
distort the investigation and provide an escape route for the
actual accused persons.
14. The writ petitioner has thereafter pointed out
that on account of growing voices among the general public
against the brutal atrocities committed by the Police, the case
was referred to Crime Investigation Department (C.I.D) on
04.01.2025, however, not a single step has been taken to
properly and thoroughly investigate the case till date and the
C.I.D. has not acted fairly since on the night of occurrence, the
incident was witnessed by several eye-witnesses, however, the
investigating agency has failed to record their statements, only
with a view to prolong and render the case of the prosecution
otiose. It is emphasised, that the deliberate delay in properly
investigating the case amounts to waiting for the evidence to be
destroyed or to the least deteriorate the quality and probative
value of evidence with the efflux of time in order benefit the
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
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present accused persons.
15. It is submitted by the learned counsel for the
petitioner that the present accused police officers in blatant
display of misuse of police powers entered into the dwelling
residence of Kalika Singh, demanded money, threatened the
persons present to implicate them in false and frivolous cases
and when such demands were not acceded to, they started
abusing the persons and also started arbitrarily firing, during
which the brother of the petitioner lost his life. Despite such
serious allegations including that of murder, it is submitted that
the accused police officers are completely free and constantly
trying to destroy the evidence.
16. It is argued by the learned counsel for the
petitioner that the present accused persons solely on the ground
of being police officials themselves, are able to not only unduly
protract the investigation but are also in effect being shielded
from the consequences of their brutality. It is also further
submitted by the learned counsel for the petitioner that the
petitioner had requested the concerned authorities at several
levels, i.e., the D.G.P, Bihar and the National Human Rights
Commission, to ensure fair and just investigation, however all
such requests, have fallen on deaf ears. Lastly, the learned
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
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counsel has argued that it is clear from the facts and
circumstances of the case that the present is a clear case of
police atrocities.
17. An interlocutory application No. 01 of 2025
was moved on behalf of the petitioner for impleading the C.B.I.
as a party respondent in the present case and also to direct the
C.B.I. to conduct the investigation of Sasaram Town P.S. Case
No.1040 of 2024. This Court vide order dated 23.06.2025 has
allowed the aforesaid interlocutory application to the extent of
impleading the C.B.I. as party respondent no.9.
18. Pursuant to the order of this Court, a status
report detailing the progress of investigation has been submitted
on behalf of the respondent-State stating therein that total three
F.I.Rs. were registered in connection with the present incident
which had occurred in the night of 27.12.2024 at “Kalika Singh
Ka Hata”, near Kargahar More, which falls under the
jurisdiction of Sasaram Town Police Station. It has also been
stated that on the basis of the fardbeyan of Constable-717,
Chandramouli Nagiya, the bodyguard of the Dy. S.P., the
Sasaram Town P.S. Case No.1038 of 2024 dated 28.12.2024 was
registered at 01:45 A.M. against unknown persons. The
informant of the aforesaid case has alleged that on 27.12.2024 at
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
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around 10:20 P.M., he along with Md. Adil Bilal, the Deputy
Superintendent of Police (Traffic), Rohtas, were going from
Kargahar More towards post office and there they saw two
persons riding on a motorcycle who were arguing with truck
driver and Toto driver. Finding the said two persons suspicious,
the Dy. S.P. directed the informant to enquire about the quarrel
and accordingly, the informant approached the aforesaid two
persons, upon seeing the informant, they fled towards a nearby
compound. On this, the informant and the Dy. S.P. chased those
motorcycle riders and entered the said compound where they
saw 20-25 persons present inside the premises. In this sequence,
the informant caught one of the motor-cycle riders, but was
attacked by 5-6 persons, who tried to snatch his service revolver
after throwing him on the floor. Thereafter, the informant got
hold of his service pistol with one hand and kept on trying to
save himself. In this scuffle, shot got fired from the service
pistol of the informant and after that, the attackers retreated. On
this, the informant and Dy. S.P. tried to leave the place but the
situation escalated as the persons present there started pelting
stones and bricks, due to which the rear glass of the Government
vehicle broke. The informant fired a round in the air on the
direction of the Dy. S.P. as an act of self-defence. The informant
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
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also alleges that the attackers were the owner of the compound
and the associates of the owner of the aforesaid compound,
whom the informant can identify.
19. It has also been stated in the status report that
Town (Sasaram) P.S. Case No.1039 of 2024 was registered
against Kalika Singh, the owner of the said premises and other
unknown persons on 28.12.2024 at 6:45 A.M. under section
30(a) of the Bihar Prohibition & Excise Act on the basis of self-
statement of Rajeev Ranjan Rai, Police Inspector -cum – SHO,
Town (Sasaram) Police Station alleging recovery of illicit liquor
from the premises.
20. It has next been stated in the report that Town
(Sasaram) P.S. Case No. 1040 of 2024 was registered at 7:30
AM on 28.12.2024 under sections 126(2), 115(2), 109, 103(1),
351(2), 3(5) of the Bharatiya Nyaya Sanhita and under section
27 of the Arms Act against unknown persons, the bodyguard of
the Dy. S.P, Chandramauli Nagia and the Dy. S.P – Md. Adil
Bilal, based on a written statement of the petitioner in the
present case. In the aforesaid F.I.R., it has been alleged that on
27.12.2024 at around 10:00 P.M., Rana Om Prakash @ Badal,
brother of the petitioner, was having dinner with his friends at
the place of occurrence nearby Peer Baba, during birthday
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celebration of one Shivam Singh. At that time, Dy. S.P. Md. Adil
Bilal, his bodyguards and 3-4 unknown persons allegedly
entered in the Hata and started enquiring about the gathering.
Upon protest by the informant, suddenly the police officers fired
six rounds from their service revolver aiming on his brother and
his friends. In the said firing, the brother of the informant died
on the spot and two others were seriously injured. Thereafter,
the Dy. S.P. threatened the remaining persons that he will
destroy their lives by implicating them in false cases. It has also
been alleged in the written statement of the informant, based on
which the said F.I.R. was registered, that during dinner the
friends of his brother were consuming liquor and the Dy. S.P.
knew about the same and had entered into the compound with
the object of illegal extortion and executed the incident in this
sequence.
21. It has also been stated that initially the
investigation of these three cases was being conducted by
Rohtas Police. The District Magistrate, Rohtas deputed an
Executive Magistrate for conducting the inquest of the deceased
and the same was conducted on 28.12.2024. Thereafter, a duly
constituted Medical Board of three doctors conducted the
postmortem of the deceased Rana Om Prakash @ Badal on
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28.12.2024. The postmortem report has revealed a lacerated
would over the left side of upper chest. The size of entry would
was about 1.5 cm. in diameter and chest cavity deep. Another
lacerated would of margin inverted size of about 2 cm. in
diameter over right side of medial border of scapula, which was
the wound of exit after protruding and both the wounds were
communicating with each other. As per the postmortem report,
the cause of death was ‘Haemorrhage and shock caused by
firearm injury leading to cardio-respiratory arrest’. Furthermore,
the viscera report dated 02.05.2025 confirmed the presence of
ethyl alcohol, suggesting consumption of liquor by the deceased
and others at the time of the incident.
22. It has also been stated that after transferring
the investigation to the C.I.D. Bihar, the D.I.G., C.I.D. Bihar
visited the place of occurrence along with the team of the F.S.L.
and the experts of the State Photo Bureau and prepared
preliminary sketch of the crime scene and also visited the
village – Silari, Shivsagar and examined the available witnesses.
23. It has also been stated in the report that
though in the F.I.R. lodged by the petitioner he has alleged that
two friends of his brother sustained injuries but they did not
appear at the police station to report their injuries and hence no
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
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injury slips were issued. Further, the injured Atul Kumar
Kashyap was treated at a private hospital namely, Popular
Hospital, Varanasi and the injury report issued by the aforesaid
hospital indicates that the injury is “simple, probably by
firearm”, however, the status report further states that the doctor
issuing the said injury report did not mention as to how the
conclusion was arrived at. Similarly, the other injured namely,
Vinod Pal got treated at Narayan Medical College, Sasaram and
the injury report issued did not clarify the nature of his injury.
24. The status report adverts to the statement of
Shivam Singh, who stated that Atul Kashyap had chased and
pelted stones at the police vehicle of Dy. S.P. and the CCTV
footage also shows that someone threw something at the police
vehicle near the place of occurrence. The status report also
mentions that the informant/petitioner himself had stated in the
F.I.R. that the friends of his brother were consuming liquor and
this fact also came in the chemical examination of the seized
exhibits from the place of occurrence. The status report, based
on the aforesaid, together with the viscera report of the
deceased, mentions that the deceased and his friends were
consuming liquor at the place of occurrence.
25. The report further mentions that earlier also
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
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in Mufassil (Sasaram) P.S. Case No.50 of 2022, a charge sheet
no.143 of 2023 under sections 147, 149, 341, 323, 354B, 427,
504, 506 I.P.C. and under sectons 37(b)(c) the Bihar Prohibition
and Excise Act was submitted against Shivam Kumar, Aniket
Raj and three others, whereas another accused by the name of
“Badal” remained unverified.
26. Further the status report mentions that the
petitioner/informant has claimed that the gathering was for
celebrating the birthday of Shivam Singh however, the mark-
sheet of Senior Secondary School Examination of said Shivam
Singh indicates his date of birth as 15.05.2002 i.e. not in the
month of December when the incident had occurred. The report
further mentions that the place of occurrence is a Gair Majurua
Kharij Jamadar land and was under illegal possession of said
Kalika Singh and six others. Thus, the persons at the place of
occurrence on the day of incident had assembled with some
other motive. Thereafter, the team of FSL experts visited and
reconstructed the scene of crime in the presence of the relatives
of the deceased and issued the report. In the said report of
reconstruction of scene of crime, it has come that the range of
firing was ‘near contact’ due to which the deceased died.
27. The status report further mentions that as per
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the FSL report concerning the reconstruction of the scene of
crime, at least five rounds of firing occurred, four within the
compound and one in the adjacent lane. The FSL report
confirmed that all five spent shells were fired from the same 9
mm. regular pistol.
28. The report further mentions that the
statement of 23 witnesses including the petitioner have been
recorded and seven eye witnesses including two injured persons
have been recorded so far. Further, the Call Details Record
confirms the presence of the deceased at the place of occurrence
and ten vehicles were seized from the place of occurrence.
Lastly, the report mentions that the prayer of the petitioner to
arrest the accused police personnel immediately is against the
settled position of law as it needs to be established as to whether
it is a case of self defence or a motivated action.
29. I have considered the submissions of the
parties and perused the materials on record.
30. The admitted facts in this case are that one
person has been killed and two other persons have been injured
while they had gathered at the place of occurrence. The
allegation of firing is against one Md. Adil Bilal, Dy. S.P.
(Traffic) who is alleged to have fired unprovoked. Two more
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
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F.I.Rs. have been registered prior to the F.I.R. lodged by the
petitioner, one by the bodyguard of the Dy. S.P. and another by
the local S.H.O. which goes to show that admittedly the
occurrence had taken place and prima facie it appears that the
police is trying to shield the Dy. S.P. who is alleged to have fired
at the deceased. Several eye witnesses were present at the scene
of offence and witnessed the incident of firing, whom the police
is trying to discredit. For the present purpose, it is immaterial
whether the compound (hata) where the occurrence took place
is under illegal possession of said Kalika Singh and his
associates or not.
31. In the F.I.R. lodged on 28.12.2024 at 7:30
A.M. by the present petitioner, it has been alleged that total six
rounds were fired, in which the brother of the petitioner died on
the spot. However, the fardbeyan of the bodyguard of the Dy.
S.P. which is recorded on 28.12.2024 at 00:15 A.M. indicates
that during scuffle, shot was fired and thereafter on the direction
of the Dy. S.P., apparently in self-defence, during retreat one air
shot was fired. Whereas, the third F.I.R. lodged by the S.H.O. of
local police station on his self statement recorded on 28.12.2024
at 05:15 A.M. adverts to the seizure of four fired bullets and one
fired cartridge. Further, in the status report, it has been stated
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
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that in the F.S.L. report of reconstruction of scene of crime, at
least four rounds of firing took place inside the compound and
at least one round of firing took place inside the adjacent lane
and all the five fired shells recovered from the place of
occurrence had been fired from the same regular pistol of 9 mm.
Calibre.
32. The F.I.R. lodged at the instance of the
bodyguard of the Dy. S.P. and the S.H.O. of local police station
prima facie appears to be a preemptive attempt in order to take
control of the narrative and distort the direction of investigation.
The police cannot rush to file a skewed / one sided version and
thereby preempt the version of the victim. In the present case,
prima facie it appears that the police right from the very
beginning is trying to falsify the case lodged by the petitioner
about the murder of his brother.
33. In the present case, the police officials
themselves are accused. It is not out of place to find merit in the
submission of the petitioner that the incident needs to be
thoroughly investigated to uncover the truth. It is imperative to
ensure that the ends of justice are met by uncovering the real
truth by a competent, credible, unbiased and uninterested body
of personnel like C.B.I.
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34. The Hon’ble Supreme Court in the case of
Rubabbuddin Sheikh vs. State of Gujarat & Ors. reported as
(2010) 2 SCC 200 while exercising epistolary jurisdiction on the
letter written by the brother of the victim in a fake encounter has
held as follows:-
“51. Having heard the learned Senior Counsel
appearing for the parties and after going
through the eight action taken reports submitted
by the police authorities before this Court and
after considering the decisions of this Court
cited at the Bar and the materials on record and
considering the nature of offence sought to be
investigated by the State police authorities who
are themselves involved in such crime, we are
unable to accept that the investigation at this
stage cannot be handed over to the CBI
Authorities or any other independent agency. We
have already discussed the decisions cited by
Mr Mukul Rohatgi, learned Senior Counsel
appearing for the State of Gujarat and have
already distinguished the said cases and came
to a conclusion that those decisions were
rendered when CBI enquiries have already been
made and at that stage this Court held that after
the charge-sheet is submitted, the CBI
Authorities would not be able to approach this
Court or the High Court to have issuance of
directions from this Court.
52. In R.S. Sodhi v. State of U.P. [1994 Supp (1)
SCC 143 : 1994 SCC (Cri) 248 : AIR 1994 SC
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
26/4938] on which reliance was placed by the learned
Senior Counsel appearing for the writ petitioner,
this Court observed: (SCC pp. 144-45, para 2)
“2. … We have perused the events that
have taken place since the incidents but
we are refraining from entering upon the
details thereof lest it may prejudice any
party but we think that since the
accusations are directed against the local
police personnel it would be desirable to
entrust the investigation to an
independent agency like the Central
Bureau of Investigation so that all
concerned including the relatives of the
deceased may feel assured that an
independent agency is looking into the
matter and that would lend the final
outcome of the investigation credibility.
However faithfully the local police may
carry out the investigation, the same will
lack credibility since the allegations are
against them. It is only with that in mind
that we having thought it both advisable
and desirable as well as in the interest of
justice to entrust the investigation to the
Central Bureau of Investigation….”
This decision clearly helps the writ petitioner
for handing over the investigation to the CBI
Authorities or any other independent agency.
53. It is an admitted position in the present case
that the accusations are directed against the
local police personnel in which the high police
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
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officials of the State of Gujarat have been
made the accused. Therefore, it would be
proper for the writ petitioner or even the public
to come forward to say that if the investigation
carried out by the police personnel of the State
of Gujarat is done, the writ petitioner and their
family members would be highly prejudiced
and the investigation would also not come to
an end with proper finding and if investigation
is allowed to be carried out by the local police
authorities, we feel that all concerned
including the relatives of the deceased may feel
that investigation was not proper and in that
circumstances it would be fit and proper that
the writ petitioner and the relatives of the
deceased should be assured that an
independent agency should look into the
matter and that would lend the final outcome
of the investigation credibility however
faithfully the local police may carry out the
investigation, particularly when the gross
allegations have been made against the high
police officials of the State of Gujarat and for
which some high police officials have already
been taken into custody.
54. It is also well known that when police officials
of the State were involved in the crime and in
fact they are investigating the case, it would be
proper and interest of justice would be better
served if the investigation is directed to be
carried out by the CBI Authorities, in that case
CBI Authorities would be an appropriate
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
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authority to investigate the case.
55. In Ramesh Kumari v. State (NCT of Delhi)
[(2006) 2 SCC 677: (2006) 1 SCC (Cri) 678],
this Court at para 8 observed: (SCC p. 681)
“8. … We are also of the view that since
there is allegation against the police
personnel, the interest of justice would be
better served if the case is registered and
investigated by an independent agency
like CBI.”
56. In Kashmeri Devi v. Delhi Admn. [1988 Supp
SCC 482: 1988 SCC (Cri) 864: AIR 1988 SC
1323] this Court held that in a case where the
police had not acted fairly and in fact acted in
partisan manner to shield real culprits, it would
be proper and interest of justice will be served if
such investigation is handed over to the CBI
Authorities or an independent agency for proper
investigation of the case. In this case, taking
into consideration the grave allegations made
against the high police officials of the State in
respect of which some of them have already
been in custody, we feel it proper and
appropriate and in the interest of justice even at
this stage, that is, when the charge-sheet has
already been submitted, the investigation shall
be transferred to the CBI Authorities for proper
and thorough investigation of the case.
57. In Kashmeri Devi 1988 Supp SCC 482, this
Court also observed as follows: (SCC p. 484,
para 7)
“7. Since according to the respondents
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
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charge-sheet has already been submitted
to the Magistrate we direct the trial court
before whom the charge-sheet has been
submitted to exercise his powers under
Section 173(8) CrPC to direct the Central
Bureau of Investigation for proper and
thorough investigation of the case. On
issue of such direction the Central Bureau
of Investigation will investigate the case
in an independent and objective manner
and it will further submit additional
charge-sheet, if any, in accordance with
law.”
58. In Gudalure M.J. Cherian [(1992) 1 SCC 397],
in that case also the charge-sheet was submitted
but in spite of that, in view of the peculiar facts
of that case, the investigation was transferred
from the file of the Sessions Judge, Moradabad
to the Sessions Judge, Delhi. In spite of such
fact that the chargesheet was filed in that case,
this Court directed CBI to hold further
investigation in spite of the offences committed.
In this case at p. 400 this Court observed: (SCC
para 7)
“7. … The investigation having been
completed by the police and charge-sheet
submitted to the court, it is not for this
Court, ordinarily, to reopen the
investigation specially by entrusting the
same to a specialised agency like CBI. We
are also conscious that of late the demand
for CBI investigation even in police cases
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
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is on the increase. Nevertheless–in a
given situation, to do justice between the
parties and to instil confidence in the
public mind–it may become necessary to
ask CBI to investigate a crime. It only
shows the efficiency and the
independence of the agency.”
59. In this connection, we may reiterate the decision
of this Court in Punjab & Haryana High Court
Bar Assn. (1994) 1 SCC 616 strongly relied on
by the learned Senior Counsel appearing for the
writ petitioner. A reference of the paragraph of
the said decision on which reliance could be
placed has already been made in para 35 from
which it would be evident that in order to do
complete justice in the matter and to instil
confidence in the public mind, this Court felt it
necessary to have investigations through the
specialised agency like CBI.
60. Therefore, in view of our discussions made
hereinabove, it is difficult to accept the
contentions of Mr Rohatgi, learned Senior
Counsel appearing for the State of Gujarat
that after the charge-sheet is submitted in the
court in the criminal proceeding it was not
open for this Court or even for the High Court
to direct investigation of the case to be handed
over to CBI or to any independent agency.
Therefore, it can safely be concluded that in an
appropriate case when the court feels that the
investigation by the police authorities is not in
the proper direction and in order to do
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
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complete justice in the case and as the high
police officials are involved in the said crime, it
was always open to the court to hand over the
investigation to the independent agency like
CBI. It cannot be said that after the charge-
sheet is submitted, the court is not empowered,
in an appropriate case, to hand over the
investigation to an independent agency like
CBI.
61. Keeping this discussion in mind, that is to say,
in an appropriate case, the court is empowered
to hand over the investigation to an
independent agency like CBI even when the
charge-sheet has been submitted, we now deal
with the facts of this case whether such
investigation should be transferred to the CBI
Authorities or any other independent agency in
spite of the fact that the charge-sheet has been
submitted in court. On this ground, we have
carefully examined the eight action taken
reports submitted by the State police
authorities before us and also the various
materials produced and the submissions of the
learned counsel for both the parties.
… … ..
80. We have already discussed the decisions cited
from the Bar on the question that after the
charge-sheet being filed whether the
investigation could be handed over to the CBI
Authorities or to any other independent agency
from the State police authorities. We have
already distinguished the decisions cited by the
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
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State that they related to the power of the court
to monitor the investigation after the charge-
sheet was filed. The scope of this order,
however, cannot deal with the power of this
Court to monitor the investigation, but on the
other hand in order to make sure that justice is
not only done, but also is seen to be done and
considering the involvement of the State police
authorities and particularly the high officials
of the State of Gujarat, we are compelled even
at this stage to direct the CBI Authorities to
investigate into the matter. Since the high
police officials of the State of Gujarat are
involved and some of them had already been in
custody, we are also of the view that it would
not be sufficient to instil confidence in the
minds of the victims as well as of the public
that still the State police authorities would be
allowed to continue with the investigation
when allegations and offences were mostly
against them.
81. In the present circumstances and in view of the
involvement of the police officials of the State in
this crime, we cannot shut our eyes and direct
the State police authorities to continue with the
investigation and the charge-sheet and for a
proper and fair investigation, we also feel that
CBI should be requested to take up the
investigation and submit a report in this Court
within six months from the date of handing over
a copy of this judgment and the records relating
to this crime to them.” (emphasis supplied).
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
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35. In the case of State of West Bengal & Ors.
vs. Committee For Protection Of Democratic Rights, West
Bengal & Ors. reported as (2010) 3 SCC 571, the Hon’ble
Supreme Court has held as follows:-
“Conclusions
68. Thus, having examined the rival contentions in
the context of the constitutional scheme, we
conclude as follows:
………
(vii) When the Special Police Act itself
provides that subject to the consent by
the State, CBI can take up investigation
in relation to the crime which was
otherwise within the jurisdiction of the
State police, the Court can also exercise
its constitutional power of judicial
review and direct CBI to take up the
investigation within the jurisdiction of
the State. The power of the High Court
under Article 226 of the Constitution
cannot be taken away, curtailed or
diluted by Section 6 of the Special Police
Act. Irrespective of there being any
statutory provision acting as a restriction
on the powers of the Courts, the
restriction imposed by Section 6 of the
Special Police Act on the powers of the
Union, cannot be read as restriction on
the powers of the constitutional courts.
Therefore, exercise of power of judicial
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
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review by the High Court, in our
opinion, would not amount to
infringement of either the doctrine of
separation of power or the federal
structure.
69. In the final analysis, our answer to the question
referred is that a direction by the High Court,
in exercise of its jurisdiction under Article 226
of the Constitution, to CBI to investigate a
cognizable offence alleged to have been
committed within the territory of a State
without the consent of that State will neither
impinge upon the federal structure of the
Constitution nor violate the doctrine of
separation of power and shall be valid in law.
Being the protectors of civil liberties of the
citizens, this Court and the High Courts have
not only the power and jurisdiction but also an
obligation to protect the fundamental rights,
guaranteed by Part III in general and under
Article 21 of the Constitution in particular,
zealously and vigilantly.” (emphasis supplied)
36. In Narmada Bai vs. State of Gujarat & Ors.
reported as (2011) 5 SCC 79, the Hon’ble Supreme Court has
held as follows:-
“59. It is not in dispute that it is the age-old maxim
that justice must not only be done but must be
seen to be done. The fact that in the case of
murder of an associate of Tulsiram Prajapati,
senior police officials and a senior politician
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
35/49were accused may shake the confidence of
public in investigation conducted by the State
police. If the majesty of the rule of law is to be
upheld and if it is to be ensured that the guilty
are punished in accordance with law
notwithstanding their status and authority
which they might have enjoyed, it is desirable to
entrust the investigation to CBI.”
37. The Hon’ble Supreme Court in the case of
Subrata Chattoraj vs. Union of India & Ors. reported as
(2014) 8 SCC 768, has observed that transfers have been
ordered by this Court even in cases where the family members
of the victim killed in a firing incident had expressed
apprehensions about the fairness of the investigation and prayed
for entrusting the matter to a credible and effective agency like
CBI. Further, in the case of Mithilesh Kumar Singh vs. State
Of Rajasthan & Ors. reported as (2015) 9 SCC 795, three
Judges Bench of the Hon’ble Supreme Court has held as
follows:-
“11. Such being the importance of fair and proper
investigation, this Court has in numerous cases
arising out of several distinctly different fact
situations exercised its power of transferring
investigation from the State / jurisdictional
police to the Central Bureau of Investigation
under the Delhi Police Establishment Act.
There was mercifully no challenge to the power
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
36/49of this Court to direct such a transfer and in
my opinion rightly so as the question whether
this Court has the jurisdiction to direct transfer
stands authoritatively settled by the
Constitution Bench of this Court in State of
W.B. v. Committee for Protection of
Democratic Right.
….
15. Suffice it to say that transfers have been
ordered in varied situations but while doing so
the test applied by the Court has always been
whether a direction for transfer, was keeping in
view the nature of allegations, necessary with a
view to making the process of discovery of truth
credible. What is important is that this Court
has rarely, if ever, viewed at the threshold the
prayer for transfer of investigation to CBI with
suspicion. There is no reluctance on the part of
the Court to grant relief to the victims or their
families in cases, where intervention is called
for, nor is it necessary for the petitioner
seeking a transfer to make out a cast-iron case
of abuse or neglect on the part of the State
Police, before ordering a transfer. Transfer can
be ordered once the Court is satisfied on the
available material that such a course will
promote the cause of justice, in a given case.
16. In the case at hand, circumstances leading to
the death of young college student girl have
become the subject-matter of investigation. The
issue is sensitive not only because of loss of an
invaluable human life but also because of the
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
37/49reasons which are sought to be attributed for
the sordid affair. The circumstances which the
petitioner has referred to in the writ petition
and the written submissions as also the
contentions that were urged before us in the
course of the hearing may or may not be
conclusive in their import but those
circumstances need to be suitably looked into
by an independent investigating agency like
CBI lest an incomplete, indifferent or
ineffective investigation leads to failure of
justice.
………
22. It is true that the prayer for transfer of
investigation from the State Police to CBI can
be allowed only in rare and exceptional
circumstances when fair investigation by the
State Police does not inspire confidence on
account of any external influence or otherwise
as held in State of W.B. v. Committee for
Protection of Democratic Rights [(2010) 3 SCC
571 : (2010) 2 SCC (Cri) 401] . There can be
no cast-iron parameters and whether an
exceptional situation has arisen may be
determined by the Court by taking an overview
of the fact situation of a particular case. In the
present case, we do not consider it necessary to
blame the college authorities or the local police
but we are also unable to reject the
apprehension of the petitioner and his prayer
for transfer of investigation. The death of a
young girl student has taken place in
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
38/49mysterious circumstances. According to the
petitioner, the statement of the girl was not
recorded even though it could have been done
and thus, truth has not come out. In these
circumstances, without expressing any opinion
on merits, it will be appropriate that the matter
is investigated by CBI.” (emphasis supplied)
38. In Pooja Pal vs. Union of India & Ors.
reported as (2016) 3 SCC 135, the Hon’ble Supreme Court has
held as follows:-
“81. The judicially propounded propositions on the
aspects of essentiality and justifiability for
assignment of further investigation or
reinvestigation to an independent investigating
agency like CBI, whether or not the probe into
a criminal offence by the local/State Police is
pending or completed, irrespective of as well,
the pendency of the resultant trial have
concretised over the years, applicability
whereof, however, is contingent on the factual
setting involved and the desideratum for
vigilant, sensitised and even-handed justice to
the parties.
82. The exhaustive references of the citations
seemingly repetitive though, assuredly attest the
conceptual consisting in the expositions and
enunciations on the issue highlighting the cause
of justice as the ultimate determinant for the
course to be adopted.
83. A “speedy trial”, albeit the essence of the
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
39/49fundamental right to life entrenched in Article
21 of the Constitution of India has a companion
in concept in “fair trial”, both being inalienable
constituents of an adjudicative process, to
culminate in a judicial decision by a court of
law as the final arbiter. There is indeed a
qualitative difference between right to speedy
trial and fair trial so much so that denial of the
former by itself would not be prejudicial to the
accused, when pitted against the imperative of
fair trial. As fundamentally, justice not only has
to be done but also must appear to have been
done, the residuary jurisdiction of a court to
direct further investigation or reinvestigation by
any impartial agency, probe by the State Police
notwithstanding, has to be essentially invoked if
the statutory agency already in charge of the
investigation appears to have been ineffective or
is presumed or inferred to be not being able to
discharge its functions fairly, meaningfully and
fructuously. As the cause of justice has to reign
supreme, a court of law cannot reduce itself to
be a resigned and a helpless spectator and with
the foreseen consequences apparently unjust,
in the face of a faulty investigation, meekly
complete the formalities to record a foregone
conclusion. Justice then would become a
casualty. Though a court’s satisfaction of want
of proper, fair, impartial and effective
investigation eroding its credence and
reliability is the precondition for a direction for
further investigation or reinvestigation,
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
40/49submission of the charge-sheet ipso facto or
the pendency of the trial can by no means be a
prohibitive impediment. The contextual facts
and the attendant circumstances have to be
singularly evaluated and analysed to decide the
needfulness of further investigation or
reinvestigation to unravel the truth and mete
out justice to the parties. The prime concern
and the endeavour of the court of law is to
secure justice on the basis of true facts which
ought to be unearthed through a committed,
resolved and a competent investigating agency.
84. As every social order is governed by the rule of
law, the justice dispensing system cannot
afford any compromise in the discharge of its
sanctified role of administering justice on the
basis of the real facts and in accordance with
law. This is indispensable, in order to retain
and stabilise the faith and confidence of the
public in general in the justice delivery
institutions as envisioned by the Constitution.
85. As succinctly summarised by this Court in
Committee for Protection of Democratic Right
[State of W.B. v. Committee for Protection of
Democratic Rights, the extraordinary power of
the constitutional courts in directing CBI to
conduct investigation in a case must be
exercised sparingly, cautiously and in
exceptional situations, when it is necessary to
provide credibility and instil confidence in
investigation or where the incident may have
national or international ramifications or
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
41/49where such an order may be necessary for
doing complete justice and for enforcing the
fundamental rights. In our comprehension,
each of the determinants is consummate and
independent by itself to justify the exercise of
such power and is not interdependent on each
other.
86. A trial encompasses investigation, inquiry, trial,
appeal and retrial i.e. the entire range of
scrutiny including crime detection and
adjudication on the basis thereof.
Jurisprudentially, the guarantee under Article
21 embraces both the life and liberty of the
accused as well as interest of the victim, his near
and dear ones as well as of the community at
large and therefore, cannot be alienated from
each other with levity. It is judicially
acknowledged that fair trial includes fair
investigation as envisaged by Articles 20 and 21
of the Constitution of India. Though well-
demarcated contours of crime detection and
adjudication do exist, if the investigation is
neither effective nor purposeful nor objective
nor fair, it would be the solemn obligation of the
courts, if considered necessary, to order further
investigation or reinvestigation as the case may
be, to discover the truth so as to prevent
miscarriage of the justice. No inflexible
guidelines or hard-and-fast rules as such can be
prescribed by way of uniform and universal
invocation and the decision is to be conditioned
to the attendant facts and circumstances,
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
42/49motivated dominantly by the predication of
advancement of the cause of justice.”
39. Recently, the Hon’ble Supreme Court in the
case of Hansurabai & Anr. vs. State of Madhya Pradesh and
Another reported as 2025 SCC OnLine SC 1119 has considered
the various judgments to come to the conclusion as to when the
Constitutional Courts can interfere and direct for investigation
by an independent agency i.e. C.B.I. Paragraph nos. 25-30 of the
aforesaid decision read as under:-
“25. It is settled a position of law that credibility of
investigating agency should be impeachable.
Further, the power to transfer investigations to a
certain investigating agency must be sparingly
used in the interest of justice and to maintain
public trust on the institution. If the investigating
agency is privy to the dispute, it may raise
doubts on the credibility of investigation and
thus, make out a ground to transfer the
investigation. In this regard, gainful reference
may be made to the decision of this Court in
Narmada Bai v. State of Gujarat, wherein it was
held as follows:
“61. In Mohd. Anis v. Union of India
1994 Supp (1) SCC 145, it has been
observed by this Court that:
“5. … Fair and impartial investigation
by an independent agency, not involved
in the controversy, is the demand of
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
43/49public interest. If the investigation is by
an agency which is allegedly privy to the
dispute, the credibility of the
investigation will be doubted and that
will be contrary to the public interest as
well as the interest of justice.” (SCC p.
148, para 5)“2. … Doubts were expressed regarding
the fairness of the investigation as it was
feared that as the local police was alleged
to be involved in the encounters, the
investigation by an officer of the U.P.
Cadre may not be impartial.” (SCC p. 147,
para 2)
62. In another decision of this Court in R.S.
Sodhi v. State of U.P. 1994 Supp (1) SCC
143, the following conclusion is
relevant : (SCC pp. 144-45, para 2)“2. … We have perused the events that
have taken place since the incidents but we
are refraining from entering upon the
details thereof lest it may prejudice any
party but we think that since the
accusations are directed against the local
police personnel it would be desirable to
entrust the investigation to an independent
agency like the Central Bureau of
Investigation so that all concerned
including the relatives of the deceased may
feel assured that an independent agency is
looking into the matter and that would
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
44/49lend the final outcome of the investigation
credibility. However faithfully the local
police may carry out the investigation, the
same will lack credibility since the
allegations are against them. It is only
with that in mind that we having thought
it both advisable and desirable as well as
in the interest of justice to entrust the
investigation to the Central Bureau of
Investigation forthwith and we do hope
that it would complete the investigation at
an early date so that those involved in the
occurrences, one way or the other, may be
brought to book. We direct accordingly.”
63. In both these decisions, this Court
refrained from expressing any opinion on
the allegations made by either side but
thought it wise to have the incident
investigated by an independent agency
like CBI so that it may bear credibility.
This Court felt that no matter how
faithfully and honestly the local police
may carry out the investigation, the
same will lack credibility as allegations
were directed against them. This Court,
therefore, thought it both desirable and
advisable and in the interest of justice to
entrust the investigation to CBI so that it
may complete the investigation at an
early date. It was clearly stated that in so
ordering, no reflection either on the
local police or the State Government was
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
45/49
intended. This Court merely acted in
public interest.” (Emphasis supplied)
26. It is not in dispute that for the incident involving
the death of Deva Pardhi in police custody, an
FIR No. 341 of 2024 has been registered, but till
date, not one of the police official responsible
for the death of a young man in custody has
been arrested.
27. It is also not disputed that Gangaram Pardhi, the
sole witness to the custodial death of Deva
Pardhi, expressed serious threat perception at
the hands of police and prison officials. The
High Court accepted the genuineness of the
threat perception and directed the transfer of
Gangaram Pardhi from Guna Jail to the Central
Jail, Gwalior.
28. We are, therefore, convinced that this is a classic
case warranting invocation of the Latin maxim
‘nemo judex in causa sua’ which means that ‘no
one should be a judge in his own cause’. The
allegation of causing custodial death of Deva
Pardhi is against the local police officials of
Myana Police Station. The fact that the police
officials have influenced the investigation right
from the beginning is amply borne out from the
circumstance that even the doctors, who
conducted autopsy of the dead body of Deva
Pardhi, seem to have been
pressurised/influenced.
29. We are constrained to observe that despite taking
note of the large number of the injuries on the
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
46/49
body of Deva Pardhi, the victim of custodial
torture, the members of the Medical Board
which conducted post-mortem on his body,
failed to express any opinion regarding the
cause of his death. This omission seems to be
deliberate rather unintentional and appears to
be a direct result of influence being exercised by
the local police officials. The involvement of the
police officials in the custodial death of Deva
Pardhi is clearly borne out from the statement of
the sole eye-witness Gangaram Pardhi and
stands further corroborated during the
magisterial inquiry. The victims’ family tried to
lodge the FIR immediately after the incident, but
the local police officials prevented them from
doing so. It is only after the magisterial inquiry
was conducted that the FIR came to be
registered wherein the offence of culpable
homicide amounting to murder was omitted.
Nearly eight months have passed since the FIR
was registered but till date, not a single accused
has been arrested.
30. These circumstances give rise to a clear
inference that the investigation by the local
police is not being carried out in a fair and
transparent manner and there is an imminent
possibility of the prosecution being subjugated
by the accused if the investigation is left in the
hands of the State police, who are apparently
shielding their own fellow policemen owing to
the camaraderie.”
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
47/49
40. In the present case also, it is not in dispute
that the incident involves the killing of the brother of the
petitioner for which the petitioner has lodged the F.I.R. viz.
Sasaram Town P.S. Case No.1040 of 2024 and two more prior
F.I.Rs have been lodged by the local police. The petitioner, who
is the informant of the present F.I.R. and the brother of the
deceased, has expressed serious doubts over the investigation of
the case registered by the petitioner for the killing of his brother.
The apprehension of the petitioner is not unfounded since the
allegation is directed against the Dy. S.P. and his bodyguard of
killing his brother. Further, from the materials which have come
on record, prima facie it appears that the Bihar Police is trying
to influence the investigation right from the very beginning and
all the materials/evidences which are against the accused
persons i.e. Dy. S.P. and his bodyguard and other co-accused
persons are not being believed during investigation.
41. Fair and impartial administration of justice is
a treasured right and the very foundation of the criminal trial
rests on the integrity of the investigation that precedes it. In a
string of decisions including Hansurabai (supra), the Hon’ble
Supreme Court has laid down the law that the Constitutional
Courts can exercise extraordinary powers to ensure fairness in
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
48/49
the process of investigation. In the same breath, the Hon’ble
Supreme Court has cautioned that such extraordinary powers
must be exercised sparingly.
42. It is cardinal principle that justice must not
only be done, it must also be seen to be done. This Court would
fail in its duty if it does not exercise extraordinary powers to
ensure fair, impartial and objective investigation that would
instill public confidence and provide credence. In the opinion of
this Court, the Bihar Police cannot be believed to investigate the
case properly against its own officials, one of whom, is a high
ranking officer and is trying to influence the investigation and in
fact, he has already influenced the investigation which is
misdirected and is proceeding only to help the accused. Since
the accusation are directed against the police personnel for
killing the brother of the petitioner, the case should be
investigated by an independent agency like C.B.I. If the C.B.I. is
directed to investigate the case then the informant, his family
members and the public at large will not doubt the investigation.
Moreover, it is imperative that in any case the actual truth must
come out in order to meet the ends of justice.
43. From the investigation done till date, it
appears that the police is proceeding more in the direction of
Patna High Court CR. WJC No.443 of 2025 dt.30-07-2025
49/49
collecting materials against the deceased and his family
members instead of finding the truth and examining the
allegations against the police officials.
44. In view of the aforesaid discussions and in
the interest of justice, this Court directs the Superintendent of
Police, C.B.I., Patna to register RC and ensure fair, transparent,
comprehensive and expeditious investigation in the death of the
brother of the petitioner in connection with Sasaram Town P.S.
Case No.1040 of 2024 and also in other two connected F.I.Rs
i.e. Sasaram Town P.S. Case Nos.1038 of 2024 and 1039 of
2024. The Bihar Police will hand over all the connected
materials/evidences which are in their possession in connection
with the aforesaid F.I.Rs.
45. With the aforesaid observations and
directions, this criminal writ application is allowed to the above
extent.
46. Needless to state that this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
AFR/NAFR N.A.F.R. CAV DATE 23.06.2025 Uploading Date 30.07.2025 Transmission Date 30.07.2025
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