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RAJEEV RANJAN PRASAD, SOURENDRA PANDEY
Neeraj Kumar @ Neeraj Singh – Appellant
Versus
State of Bihar – Respondent
Rajeev Ranjan Prasad, J. – Heard learned counsel for the petitioner, learned AC to AG for the State as also Mr. Pranav Kumar, I.G. Prisons and Correctional Services, Bihar who is present through online/virtual mode.
2. This writ application was taken up for consideration on 12.11.2025. Having heard learned counsel for the petitioner and learned AC to AG, this Court passed the following order: –
“Order Dated 12.11.2025
This writ application is raising an issue of serious concern for a Constitutional Court. It is well said that a Constitutional Court acts as a guardian to protect the fundamental rights of a citizen when it comes to protect his Right to Life and Liberty. In the present case, the petitioner was confined in the Central Jail at Gaya Jee in connection with Sarbahda P.S. Case No. 91 of 2025 registered on 31.07.2025 for the offences punishable under Section 30(a) and 37 of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the ‘Act of 2016’). In the said case, he was granted bail vide order dated 23.09.2025 by the competent Court and the learned Exclusive Special Excise Judge, Court No. 2, Gaya Jee issued a warrant to release him unless he is liable to be
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 main legal point established in the judgment is the principle of 'Public Law Damage', which empowers constitutional courts to award compensation under public law to redress grievances arising fro....
The court may award compensation for illegal detention, but must require evidence of malice or wrongful intent to justify such relief.
The main legal point established in this judgment is that the continued detention of a convict beyond the period of sentence, without any other case pending against them, violates their right to pers....
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