The Patna High Court building. File
| Photo Credit: PTI
The Patna High Court last week slammed the Bihar police for the unlawful arrest of a minor student and also asked the State to pay a compensation of ₹5 lakh to him. The minor was put behind the bar for over two months.
The judgment was given by Justice Rajeev Ranjan Prasad and Justice Ritesh Kumar while hearing the habeas corpus case plea filed by the family members of the 15-year-old student who was arrested on October 23, 2025.
“The I.O arrested the petitioner, described his age as 19 years and produced him before the court from where he was sent to jail, “the bench said.
The court further said, “The petitioner complained that despite the fact that he is a juvenile, the learned Magistrate did not assess his age at the time of sending him behind the bars and in complete breach of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, the petitioner was languishing in jail.”
“If it is found that the petitioner is aged below 18 years, it will be incumbent upon the Jurisdictional Magistrate to send him to the concerned Juvenile Justice Board for assessment of age and considering his date of birth certificate as per the Bihar School Examination Board, he would be kept in an observation home and not in jail with adults,” the bench said.
The court further said, “In the entire facts and circumstances and the materials which have been brought before this Court, this Court is fully satisfied that the liberty of the petitioner in the present case has been curtailed and his Right to Life and Liberty has been violated by the act of the police officials.”
The court also pulled up the magistrate and said, “Even the learned Magistrate failed to protect the petitioner from his illegal arrest. Because of the misuse of power by the Investigating Agency and failure of the court to protect the right and liberty of the petitioner, he has been made to suffer by way of incarceration for over two and half months by now.”
“We have come to a conclusion that it is a case of unlawful arrest of the petitioner and in such a circumstance, this Court being a Constitutional Court cannot remain a mute spectator,” the court ordered in the January 9 ruling.
The court directed the State to pay the compensation ordering “For his unlawful arrest and detention, we direct the State to pay a sum of ₹5 lakh as compensation. This amount, we are assessing, keeping in view that a young boy who is a juvenile at this stage has undergone physical and mental agony for two and half months by now.”
The court also directed the State to pay the incurred expenses in contesting the litigation by the family which were imposed upon them due to misuse of power by the police official.
“We, therefore, award a cost of ₹15,000 to the petitioner which shall also be paid by the State.
The court also asked Director General of Police (DGP) Bihar to conduct further inquiry into the matter.
Published – January 12, 2026 12:51 pm IST
