Patna High Court
Chandeshwar PaswanversusThe State of Bihar thorugh Home Secretary, Govt. of Bihar, Patna, Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ application is disposed of as no further order is required since the petitioner has been released.
Summary
Petitioner Chandeshwar Paswan alleged that he was taken into police custody on 09-01-2026 in violation of a stay order dated 11-11-2025 that barred any coercive action against him. He sought a habeas corpus writ directing the SHO to release him, compliance with the stay order, and compensation of Rs. 50,00,000 for illegal detention. The State contended the arrest was an inadvertent mistake and that the petitioner was released the next day. The Court observed that the petitioner had indeed been released and was no longer in custody, and therefore no further relief was necessary. Consequently, the writ application was disposed of without granting any further direction or compensation.
Issues considered
- Whether the arrest of the petitioner on 09-01-2026 contravened the stay order dated 11-11-2025.
- Whether the petitioner is entitled to habeas corpus relief and monetary compensation for the alleged illegal custody.
- Whether the Court should issue any further direction when the petitioner has already been released.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 76
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(1)(w)
Subjects
- habeas corpus
- illegal detention
- anticipatory bail
- compensation
- SC/ST Act
- criminal procedure
- stay order
- police custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.477 of 2026
Arising Out of PS. Case No.-93 Year-2025 Thana- HALAI District- Samastipur
======================================================
Chandeshwar Paswan S/o- Late Mahavir Paswan Village- Larua PS- Halai,
Dist- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar through Home Secretary, Govt. of Bihar, Patna, Bihar
Bihar
2. The Director General of Police, Bihar, Patna Bihar
3. The Deputy Inspector General, Darbhanga Bihar
4. The District Magistrate, Samastipur Bihar
5. The Superintendent of Police, Samastipur Bihar
6. The Sub Divisional Police Officer, Samastipur Bihar
7. The SHO Halai, Samastipur Bihar
8. The Investigating Officer, Halai P.S. Case No. 93/2025
9. Sabita Devi w/o- Nagina Paswan R/v- Larua PS- Halai Dist- Samastipur
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Roy, Advocate
For the Respondent/s : Mr. Amish Kumar, AC to AG
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 13-03-2026 Heard learned counsel for the parties.
2. The present writ application has been preferred by
the petitioner seeking the following relief(s) :
"I. To issue an appropriate writ
order, direction in the nature of Habeas
Corpus directing the respondents specially
Respondent No. 7 S.H.O. Halai who has
taken petitioner illegal custody on
09.01.2026 at 11.00 PM night when ever
Patna High Court CR. WJC No.477 of 2026(2) dt.13-03-2026
2/3
petitioner was granted stay in Cr. Appeal
(SJ) No. 4166/2025 on 11.11.2025 in
anticipatory bail and also handcuffed.
II. To issue an appropriate writ
/order/direction to Respondent No. 7 follow
the order of Hon'ble High court granting
stay when ever order produced by petitioner.
III. To issue an appropriate writ
order direction to respondents for granting
heavy compensation amount Rs. 50,000,00/-
(Fifty lac) for illegal action."
3. The facts of the case are that Halai P.S. Case No. 93
of 2025 dated 01.06.2025 was instituted by the S.H.O., Halai
Police Station, District Samastipur, under Sections 126(2),
115(2), 118(1), 117(2), 109(1), 76, 303(2), 352, 351(2) & (3),
3(5) of the Bharatiya Nyaya Sanhita and Sections 3(1)(r), 3(1)
(s) and 3(1)(w) of the SC/ST (Prevention of Atrocities) Act
against the petitioner and others. The petitioner had earlier filed
A.B.P. No. 1549 of 2025 before the learned Special Judge,
SC/ST (POA) Act, Samastipur, which was rejected on
04.09.2025, whereafter the petitioner preferred Cr. Appeal (SJ)
No. 4166 of 2025 before this Court. By order dated 11.11.2025,
this Court directed that no coercive steps shall be taken against
the petitioner. It is alleged that despite the aforesaid order, the
petitioner was arrested by the police on 09.01.2026, kept in
custody at Halai Police Station and on the next day produced
before the court in handcuffs.
Patna High Court CR. WJC No.477 of 2026(2) dt.13-03-2026
3/3
4. Learned counsel for the State submits that due to
some inadvertent mistake, the petitioner was taken into police
custody for a day, however, on the very next day he was
released.
5. In view of the aforesaid submission and
considering the fact that the petitioner has already been released
and is no longer in custody, no further order is required to be
passed in the present writ application.
6. Accordingly, this application stands disposed of.
7. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
( Sunil Dutta Mishra, J)
Rajesh/-
U
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