Facts
The petitioner, Sunil Singh, filed a criminal writ petition seeking protection for his life, liberty, and property from respondent nos. 7 to 11 (his cousins and nephews) due to an ongoing land dispute.
Source reference: para. 2 3The petitioner alleged that the private respondents were threatening him and demanding money.
Source reference: para. 3While an FIR (Khusrupur P.S. Case No. 474/2025) was registered under various sections of the B.N.S., 2023, the petitioner contended that the police were not conducting a fair investigation and failed to apprehend respondent no. 8, who is allegedly a notorious criminal and absconder in twelve cases.
Source reference: para. 3The State argued that the dispute was primarily of a civil/property nature and thus the writ was not maintainable, though they acknowledged responsibility regarding the status of the absconding respondent.
Source reference: para. 4Issues
1. Whether the High Court should issue a writ of mandamus to compel respondent authorities to provide police protection to the petitioner against private individuals.
Source reference: para. 2(i) 62. Whether the court should direct the police to ensure a free and fair investigation and initiate action against a respondent declared as an absconder.
Source reference: para. 2(ii) 6Law Applied
The court's jurisdiction was invoked under Article 226 of the Constitution of India regarding the protection of life and liberty.
Source reference: para. 2The court deliberated on the police's statutory obligations under the Police Manual and the Bharatiya Nyaya Sanhita (B.N.S.), 2023.
Source reference: para. 2The duty of law enforcement to act upon complaints of threats and to apprehend individuals declared as absconders under the prevailing criminal procedure laws.
Source reference: para. 4 6Reasoning
The court balanced the private nature of the land dispute with the state's duty to maintain law and order. While the State argued the matter was a property dispute, the Court found merit in the petitioner's claim regarding the lack of action against respondent no. 8, a multi-case accused and alleged absconder.
Source reference: para. 4The Court reasoned that regardless of the underlying civil dispute, the police are duty-bound to act "in accordance with law" whenever a specific complaint regarding a threat to life or property is made.
Source reference: para. 6By directing the Superintendent of Police (Rural) and the SHO to monitor the allegations and the status of the absconder, the Court bridged the gap between a private grievance and the public duty of the police.
Source reference: para. 6Holding
The Court disposed of the writ petition by directing respondent nos. 4 (SP Rural) and 6 (SHO) to take immediate action whenever a complaint is received regarding threats to the petitioner’s life, liberty, or property.
Furthermore, the Court ordered these authorities to investigate the criminal antecedents of respondent no. 8 and, if verified as an absconder, to take strict legal action against him.
Source reference: para. 6The petition was disposed of with these specific directions to ensure the authorities act in accordance with law.
Source reference: para. 7Original Court PDF
Sunil SinghvsThe State of Bihar through the Director General of Police, Bihar, Patna
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