Patna High Court Directs CBI Probe Into Missing Man After Alleged Detention, Custodial Violence By Excise Officials, Slams Police Inaction

The Patna High Court has transferred to the CBI the investigation into the disappearance of a man who allegedly went missing after being detained and brutally assaulted by Excise Police officials in Bhojpur district.A Division Bench of Justice Rajeev Ranjan Prasad and Justice Alok Kumar Sinha said that the case presented “rare and exceptional” circumstances warranting transfer of the probe. The Court found that the State investigating agency had shown little urgency despite serious allegations against Excise Police officials.The petition was filed by Gauri Shankar Ram, whose son Sanoj Kumar has been missing since August 13, 2025. According to the petitioner, Sanoj worked as a centring mistri at construction sites. On the evening of August 13, he called his younger brother and said that police had apprehended him near Kali Mandir at Dharahara Musahar Toli on an allegation of consuming liquor. Sanoj allegedly called again and told his family that the police were beating him. The call was then disconnected and his phone was subsequently found switched off. His family approached Bihiya and Jagdishpur police stations but could not find him.The next day, Sanoj's motorcycle was found abandoned near Dharahara Musahar Toli. His father then lodged a complaint, on the basis of which Bihiya P.S. Case No. 296 of 2025 was registered. The petitioner also relied on accounts of local witnesses who allegedly saw Sanoj being assaulted by police personnel. According to the petition, he was beaten to the point that he could not walk, denied water and dragged with a gamcha tied around his neck before being taken away in a police vehicle. It was further alleged that CCTV footage from a nearby private premises captured the incident. The footage was stated to show two police vehicles arriving at the spot and police personnel detaining and assaulting several persons, including Sanoj.When the writ petition first came before the High Court in May, the Bench directed the Superintendent of Police, Bhojpur to personally supervise the investigation. The Court later recorded its dissatisfaction when no counter-affidavit was filed for over a month.During a subsequent hearing, the investigation revealed that Sanoj had been taken into custody along with two other persons. The Excise Police officials who were arrested and questioned were also stated to be changing their versions. It further emerged during interrogation that there had been a scuffle involving Sanoj and the private driver of an Excise Police vehicle, who had allegedly put a towel around Sanoj's neck and pulled him.After examining the material placed before it, the Bench said it had “no iota of doubt” that the State investigating agency had failed to act with the required urgency after the FIR was lodged. The Court particularly noted that the allegations involved Excise Police officials themselves. Despite allegations of a brutal assault which left Sanoj unable to walk, statements of local witnesses were not recorded within a reasonable time. It observed:“Inaction writs large and the submission of learned counsel for the petitioner that because Excise Police Officials were involved in the case, therefore, the investigation of the case has been compromised and it has suffered bias, is based on reasons to belief.”The Bench said the “very credibility of the State investigating agency is at stake”. It also noted that two of the accused were Assistant Sub-Inspectors who were posted at the same place and were in a position to influence the investigation. While acknowledging that investigations should not routinely be transferred from the State police to the CBI, the Court found the present case to be exceptional. It said the lack of confidence in the State investigation had arisen from “obvious, tangible reasons” and agreed with the petitioner's submission that a fair investigation required an independent agency.Accordingly, the Court transferred the investigation in Bihiya P.S. Case No. 296 of 2025 to the CBI with immediate effect. The CBI was directed to take over the investigation with “utmost urgency”, considering that Sanoj had allegedly gone missing after being in the custody of the Excise Police team and had not been seen since August 13, 2025. The Bench clarified that the CBI would be free to interrogate police officials connected with the earlier investigation to ascertain why the case remained pending without significant progress. The Director, CBI was directed to constitute a team of reputed officers for the investigation.The matter will next be heard on September 11, 2026. The CBI has been directed to file an action taken report on or before that date.Case Title: Gauri Shankar Ram v. State of Bihar and Ors.Case Number: Criminal Writ Jurisdiction Case No. 1029 of 2026.Appearance: Mr. Mithilesh Kumar Rai, Mr. Shivam Sandeep, Mr. Shashank Kumar Singh and Mr. Avinash Kumar for the Petitioner; Mr. S.D. Sanjay, AG, Mr. Shashwat Agarwal, Mr. Rahul Kumar and Mrs. Priya Gupta for...

Patna High Court Directs CBI Probe Into Missing Man After Alleged Detention, Custodial Violence By Excise Officials, Slams Police Inaction

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Patna High Court Directs CBI Probe Into Missing Man After Alleged Detention, Custodial Violence By Excise Officials, Slams Police Inaction

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