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P. B. BAJANTHRI, S. B. PD. SINGH
Ram Niwas Gupta Son of Hukam Chand – Appellant
Versus
State of Bihar through the Principal Secretary, Home Department (Prison), Govt. of Bihar, Patna Old Secretariat, Patna – Respondent
JUDGMENT :
P. B. Bajanthri, J.
In the instant petition, the petitioner has prayed for following reliefs:-
(b). For issuance of an appropriate Writ holding and declaring the continuation of the detention of the Petitioner in district Jail, Hajipur, Vaishali since 21.09.2024 on the basis of Production Warrant in connetion with Mukhdumpur P.S. Case No. 33/23 and Hajipur, complaint Case No. 3891 (C) of 2022 to be wholly illegal, without any authorization and without any justification.
(c). For issuance of any other order/orders or relief/reliefs for which the petitioner may found to be entitled in the facts and circumstances of the case.”
2. Gist of the matter is that petitioner was alleged to have involved in five criminal cases which are narrated in para five of the personal affidavit filed on behalf of the I.G. - Prison and correctional services, Government of Bihar, Patna-cum-Secretary Home and
Illegal detention without due process violates Article 21 of the Constitution, warranting compensation for the affected individual.
When a person comes to Court with complaint that he has been arrested and imprisoned with mischievous or malicious intent and that his constitutional and legal rights were invaded, the mischief or ma....
The court may award compensation for illegal detention, but must require evidence of malice or wrongful intent to justify such relief.
Order of Detention - B -Warrant was issued in reference to five to seven cases and not for all. Even if chart given by petitioner is taken into consideration, it shows custody pursuant to other cases....
Immediate release upon receipt of bail and release orders, lack of live production warrant, and the need to take appropriate action against erring officers.
A petitioner must demonstrate that detention is unlawful due to having served a sentence, but accurate sentence calculations by the State may validate continued detention.
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