PATNA HC HANDS OVER INVESTIGATION TO CBI

PATNA HC HANDS OVER INVESTIGATION TO CBI

10-AUG-ENG 6

RAJIV NAYAN AGRAWAL

PATNA---------------------------A young man was detained by the excise police, after which he mysteriously disappeared. For nearly a year, the state police investigation made no headway. The accused police personnel remained under suspicion; the young man's mobile phone stayed with the police for several days, and crucial evidence was not secured in time. Raising serious questions about the credibility of the state police investigation into the entire episode, the Patna High Court has ordered that the probe into Bihiya Police Station Case No. 296/2025 be immediately handed over to the CBI.

A division bench comprising Justice Rajeev Ranjan Prasad and Justice Alok Kumar Sinha observed that this is not an ordinary case but falls into the category of rare and extraordinary cases where confidence in the state investigative agency has been lost. Making scathing remarks in its verdict, the Court stated that "it would be a complete failure of the justice system if the truth does not come to light." The Court also noted that despite the involvement of excise police officials, there was serious inaction in the investigation; for nearly nine months, no meaningful steps were taken to interrogate suspects or gather scientific evidence.

The case concerns the disappearance of Sanoj Kumar, son of Gauri Shankar Ram, a resident of Ganj in the Bihiya police station area of ​​Bhojpur. According to court records, at approximately 6:35 PM on August 13, 2025, Sanoj called his family to inform them that he had been detained by the excise police on charges of consuming alcohol.

The call was then disconnected, and his mobile phone was switched off. The following day, his father lodged an FIR at the Bihiya police station. The family alleged that the police Sanoj was assaulted while in custody and taken away in a vehicle. Evidence involving local witnesses and CCTV footage also surfaced during the proceedings. During the investigation, one of Sanoj's mobile phones was subsequently recovered from the excise police personnel, and its location was traced to the Jagdishpur excise police station area.

During the investigation, excise police officials claimed that one of the arrested individuals had escaped by opening the vehicle's trunk. However, after examining the CCTV footage, the High Court noted that the vehicle in which the youth was held was a fully enclosed Bolero-type vehicle, and it did not appear possible for anyone to jump out and escape without opening the rear door. The Court also observed that the statements made by the excise police officials kept changing and that the youth's mobile phone had remained in their possession for a considerable period. The High Court viewed this alleged 'escape' story as a narrative fabricated at a later stage.

During the hearing on July 2, the Court was informed that the police had taken six of the seven suspects into custody. Interrogation revealed that Sanoj had been detained by the excise police along with the others. The officials' statements were found to be inconsistent and contradictory. Earlier, expressing dissatisfaction with the pace of the investigation, the Court had remarked that Sanoj went missing after being taken into excise police custody, and it was crucial to determine whether he had escaped or if something else had happened to him.

The Court also ensured that protection be provided to key witnesses. Sanoj's father had informed the court that he was being pressured to drop the case. The High Court directed that security be provided to him and his family, and ordered the identification and legal prosecution of those exerting pressure. The Court stated that the credibility of the state investigating agency was under scrutiny, and its inaction raised substantial grounds to suspect bias in the investigation.

Therefore, this case falls into the rare and exceptional category warranting a CBI investigation. The High Court has ordered the Bhojpur SP to hand over the entire record to the CBI's Patna-based SP within a week and directed the CBI to immediately take over the investigation.