Patna High Court Awards Compensation for Illegal Detention

Court orders Rs. 2,00,000 compensation for unauthorized detention, mandates guidelines to prevent recurrence.

In a landmark judgment, the Patna High Court has addressed the grave issue of illegal detention, affirming the fundamental rights of citizens under Article 21 of the Constitution of India. The court, presided by Justices Rajeev Ranjan Prasad and Sourendra Pandey, ruled in favor of Neeraj Kumar @ Neeraj Singh, who was detained beyond the authorized period despite a release order, awarding him Rs. 2,00,000 as compensation for his unauthorized detention.

The petitioner, Neeraj Kumar, was confined in the Central Jail at Gaya Jee following charges under the Bihar Prohibition and Excise Act, 2016. Despite a bail order dated 23.09.2025, his release was delayed due to an expired production warrant from the Chief Judicial Magistrate, Buxar. The court observed that the petitioner was kept in detention for 18 days post the receipt of his release order, constituting a gross violation of his right to life and liberty.

The judgment underscored the misuse of power by the jail authorities, directing that the compensation be recovered from the erring officials rather than burdening the public exchequer. This decision aligns with the court's commitment to uphold constitutional mandates and ensure accountability among state functionaries.

The court also instructed the Inspector General of Prisons and Correctional Services, Bihar, to issue stringent guidelines to prevent such unauthorized detention practices in the future. The guidelines must be circulated within two weeks to all Jail Superintendents in the state, emphasizing strict compliance with constitutional and court orders.

This ruling reflects the judiciary's proactive stance in safeguarding fundamental rights and maintaining a check on administrative practices that infringe on individual liberties. The judgment references several precedents, including the Supreme Court ruling in Rudal Sah v. State of Bihar, highlighting the judiciary's role in awarding compensation for violations of fundamental rights.

The state is required to disburse the compensation within one month, with provisions to recover the amount from responsible officials, reinforcing the principle that misuse of power must be rectified without impacting public funds.

Bottom Line:

Illegal detention beyond authorized period violates fundamental rights under Article 21 of the Constitution of India, and compensation should be awarded to the victim, recoverable from the erring officials.

Statutory provision(s): Article 21 of the Constitution of India, Bharatiya Nagrik Suraksha Sanhita, 2023 Sections 304 and 305, Bihar Prohibition and Excise Act, 2016 Sections 30(a) and 37.

Neeraj Kumar @ Neeraj Singh v. State of Bihar, (Patna)(DB) : Law Finder Doc Id # 2808066