Patna High Court

Police mandated to protect life and liberty and apprehend absconding accused upon receipt of credible threat complaints.

Sunil Singh vs The State of Bihar through the Director General of Police, Bihar, Patna

Patna High CourtJUDGMENT: July 03, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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 3

The petitioner alleged that the private respondents were threatening him and demanding money.

Source reference: para. 3

While 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. 3

The 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. 4
02

Issues

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) 6

2. 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) 6
03

Law 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. 2

The court deliberated on the police's statutory obligations under the Police Manual and the Bharatiya Nyaya Sanhita (B.N.S.), 2023.

Source reference: para. 2

The 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 6
04

Reasoning

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. 4

The 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. 6

By 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. 6
05

Holding

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. 6

The petition was disposed of with these specific directions to ensure the authorities act in accordance with law.

Source reference: para. 7
Patna High Court

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Sunil SinghvsThe State of Bihar through the Director General of Police, Bihar, Patna

Patna High Court · July 03, 2026

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