In a strong rebuke to the Bihar Police, the Patna High Court has declared the arrest and detention of a 15-year-old student as completely unlawful. The court has ordered the state government to pay the boy a compensation of Rs 5 lakh for the immense physical and mental agony he suffered during his over two-month incarceration.
Court Denounces Police Overreach and Judicial Failure
A bench comprising Justices Rajeev Ranjan Prasad and Ritesh Kumar delivered the scathing order on January 9, 2026, while hearing a habeas corpus petition filed by the boy's family. The minor was arrested on October 23, 2025, in connection with a group clash in Madhepura district.
The court found that the investigating officer (IO) proceeded to arrest the petitioner, a student aged below 16 years, without any cogent material. The bench explicitly stated, "He could not have done so in this case." The magistrates also came under fire for mechanically sending the juvenile to jail without applying judicial mind to protect his liberty.
"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 bench asserted in its order.
Substantial Compensation and Recovery from Erring Officials
The High Court assessed the compensation of Rs 5 lakh, considering the severe trauma inflicted on the young boy. The state has been directed to pay this amount within one month of receiving the court order.
In a significant move, the bench mandated that this cost and compensation must ultimately be recovered from the salaries of the responsible officials. The court ordered the Director General of Police of Bihar to institute an administrative inquiry and ensure the amount is realised from the erring police personnel within six months.
Additionally, the family was awarded Rs 15,000 to cover litigation expenses, imposed upon them due to the police's misuse of power.
Systemic Failures and Violation of Juvenile Rights
The court's findings reveal multiple layers of failure. Official records from the Madhepura SP's office confirmed the boy was a juvenile, aged about 15 years, 6 months, and 8 days on the date of the incident. Despite this, the IO described his age as 19 years while producing him before the court.
The order highlighted that the direction of the Deputy Inspector General (DIG), Koshi Range, to investigate the case by assuming the allegations as true was "against the principles of presumption of innocence," a cardinal principle of criminal law.
"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-a-half months," the court noted.
The boy, represented by advocates Shashwat Kumar and Aman Alam, was named in an FIR under the Bharatiya Nyaya Sanhita (BNS) for charges like assault and rioting but was never chargesheeted. The Patna High Court's firm stance underscores the judiciary's role as a guardian of fundamental rights, especially for vulnerable minors.
