Babul Lal Singh @ Babu Lal Singh v. The State Of Bihar Through The Additional Chief Secretary, Home Dep., Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.408 of 2024 Arising Out of PS. Case No.- Year-0 Thana- District- Sheikhpura ====================================================== Babul Lal Singh @ Babu Lal singh S/o Late Parmanand Singh R/o vill - Ishua, P.O. - Ishua, P.S. - Sharmera, Distt. - Nalanda, Presently residing at Sri Krishna Nagar, Near Mour Gate, P.S. - Barbigha, Distt. - Sheikhpura ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Home Dep., Patna Bihar 2.

The Additional Chief Secretary, Home Dep., Bihar, Patna Bihar 3.

The Director General of Police, Bihar, Patna Bihar 4.

The D.I.G. of Police, Munger Division, Munger Bihar 5.

The Superintendent of Police, Sheikhpura Bihar 6.

The Officer Incharge, Barbigha Police Station, Sheikhpura Bihar 7.

Upendra Kumar Singh, ASI, Barbigha Police Station, Sheikhpura Bihar 8.

Constable Sandeep Kumar, Technical Cell, S.P. Office/ residence Barbigha Bihar 9.

Constable Pawan Kumar, Technical Cell, S.P. Office / residence Barbigha Bihar 10.

Constable Gautam Kumar, Technical Cell, S.P. Office/ residence Barbigha Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Respondent/s :

Mr.Sc.22 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-07-2025 Heard the parties.

2. By way of this writ application, the petitioner has prayed for the following reliefs:- (i) For issuance of an appropriate writ/s, order/s, direction's to the respondents to hold an enquiry with regard to brutal assault on the petitioner on 05.01.2024 at about 3:30 P.M.

Patna High Court CR. WJC No.408 of 2024(2) dt.03-07-2025 2/3 near Barbigha Bazar and thereafter in the residence of respondent no. 5 when the petitioner was taken there by respondents no. 7 to 10 and six other constables who were in plain cloths, and thereafter register the FIR against those persons who have assaulted the petitioner brutally and refused to register FIR on the written complaint filed by his wife namely Pinku Devi on 06.01.2024. (ii) For issuance of an appropriate writ/s, order/s, direction/s to the respondents to conduct the enquiry with regard to illegal acts of the respondents no. 8 to 10 and other unknown constables who have assaulted the petitioner in side residence of the respondent no. 5 and when the petitioner told him about the assault made by them, then he did not take any action against the respondents no.

8 to 10, where after they again assaulted him mercilessly and brutally as a result of which his hand was fractured and he suffered neurological problem due to assault and for which he was admitted in AIIMS, Patna, and after holding inquiry, take appropriate legal action against the erring constables departmentally as well as criminally.

(iii) For issuance of an appropriate writ/s, order/s, direction/s to the respondents to pay suitable compensation to the petitioner for the brutal assault and confinement of the petitioner illegally without any criminal case against him and thereafter registering a false case against him and

Patna High Court CR. WJC No.408 of 2024(2) dt.03-07-2025 3/3 keeping him in custody for about six days.

3. In view of the reliefs sought above, the petitioner is given liberty to approach the District Court concerned by way of filing a complaint petition for the criminal acts alleged to have been committed by the police and for the other actions, if the petitioner wants compensation, he may move the Bihar Human Rights Commission.

4. With the aforesaid observation, this application is disposed of.

(Sandeep Kumar, J) Vikas/- U