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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Lallan Kumar Yadav Son of Dashrath Prasad Yadav – Appellant
Versus
State of Bihar, through its additional Chief Secretary, Home Department, Government of Bihar, Patna – Respondent
JUDGMENT :
JITENDRA KUMAR, J.
1. The present writ petition has been preferred by the petitioner for declaration of detention of the petitioner by Sonepur Police Station for three days i.e. from 30.07.2020 to 01.08.2020 as illegal. The petitioner is further seeking compensation on account of illegal detention.
2. Heard learned counsel for the petitioner and learned counsel for the State.
3. Learned counsel for the petitioner submits that without any FIR or any legal justification, the petitioner was kept in illegal custody for three days i.e. from 30.07.2020 to 01.08.2020 by Sonepur Police Station. He further submits that the FIR bearing Sonepur P.S. Case No. 574 of 2020 was registered on 01.08.2020, but the petitioner was taken to custody since 30.07.2020 itself and thereafter, he was produced before learned Judicial Magistrate on 02.08.2020 for judicial remand and he was remanded to judicial custody in Sonepur P.S. Case No. 574 of 2020. Thereafter, the petitioner filed an application for regular bail and he got regular bail on 13.08.2020 by the Court of learned C.J.M., Saran at Chhapra in Sonepur P.S. Case No. 574 of 2020 and ultimately he got released on 17.08.2020 after furnishing o
The court ruled that detention without prior FIR is illegal; however, compliance with arrest protocols established in the Arnesh Kumar case must be followed, and failure to challenge remand limits cl....
The judgment establishes that police must justify arrests and follow legal procedures, particularly in non-bailable offenses, to protect individual liberties.
Arrest and detention – No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person – It would be prudent and wise for a Police officer that no arr....
Police must justify arrests under Section 41 CrPC, ensuring compliance with legal standards to protect individual rights.
Arrest may be authorised only if concerned officer has ‘reason to believe’ and there is `satisfaction qua an arrest’ that person has committed an offence – There must be a direct nexus or live link b....
The court established that police officers must comply with statutory requirements before arresting another officer, and failure to do so constitutes a violation of fundamental rights under Article 2....
Compliance with procedural safeguards in arrest as established in Arnesh Kumar is crucial, particularly for offenses punishable with imprisonment of less than seven years; violations can infringe fun....
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