IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2805 of 2026 ======================================================

Court on its own motion Regarding matter relates to the Inspection Report ... ... Petitioner/s Versus The State of Bihar & Ors.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. X For the Respondent/s : Mr. P.K. Shahi, A.G.

For the Union of India : Dr. K.N. Singh, Senior Advocate Mr. Amish Kumar, Advocate ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

2 18-02-2026 This suo motu Public Interest Litigation has been initiated pursuant to the report dated 17.02.2026 submitted by the learned Member Secretary, Bihar State Legal Services Authority (hereinafter referred to as “BSLSA”), which is an inspection report with respect to the shortcomings of mental health facilities in the State of Bihar and at the Bihar State Institute of Mental Health and Allied Sciences (BIMHAS), Koelwar, Bhojpur.

2. It appears that BSLSA prepared a Minimum Action Plan for conducting legal awareness programmes through the District Legal Services Authorities of the State of Bihar for the period from January 2026 to December 2026. As per the calendar of BSLSA, 14.02.2026, which was a second Saturday, was fixed for an awareness programme under the NALSA (Legal Services to the Mentally Ill and Mentally Disabled Persons) Scheme, 2015.

3. On that day, some of the Hon’ble Judges of this Court, including one of us (Hon’ble the Chief Justice), along with the learned Registrar General, Patna High Court; the learned Member Secretary, BSLSA; the learned Principal District & Sessions Judge-cum-Chairman, District Legal Services Authority, Bhojpur at Ara; and the Health Secretary, Government of Bihar, along with others, visited BIMHAS for streamlining the legal awareness programme. Accordingly, a report was directed to be prepared highlighting the shortcomings found in BIMHAS so as to take a balanced and holistic approach to address such shortcomings.

4. In the report, it has been highlighted as follows:

(i) In the State of Bihar, the Bihar State Institute of Mental Health and Allied Sciences (BIMHAS) in Koelwar, Bhojpur, is the sole State-run institution dedicated to mental health, with a current inpatient capacity of only 180 beds. An additional hospital with 140 beds is under construction within the campus. However, given Bihar's vast population and expansive geographical area, this single facility is inadequate. The high prevalence of mental health issues in the State necessitates the establishment of multiple institutes or branches of BIMHAS across different regions;

(ii) The Mental Illness Cured Home (MI Home), established by the Social Welfare Department under the directives of the Honourable Supreme Court, currently has a limited capacity of only 50 beds for male patients and 50 for female patients. This is grossly insufficient. As a result, many cured or stabilized psychiatric patients face delays in social rehabilitation, prolonging their institutionalization and hindering their reintegration into society. The capacity needs to be expanded for both males and females;

(iii) All medical colleges and district hospitals in Bihar need to establish dedicated facilities or wards for homeless (Lawaaris) individuals suffering from mental illnesses. Currently, there is a lack of such specialized accommodations, leaving vulnerable populations without proper shelter or treatment during recovery;

(iv) There is a notable lack of coordination between the Social Welfare Department and other government agencies regarding the rehabilitation of homeless or Lawaaris patients following their successful treatment. As a consequence, even after full recovery, these individuals often remain unnecessarily hospitalized due to insufficient support networks;

(v) There i