'Can't Be A Mute Spectator': HC Orders Bihar Govt To Pay Rs 5L To Teen Over 'Unlawful' Arrest

The Patna High Court has termed the arrest and detention of a minor student in Bihar as “unlawful” and directed the state government to pay him Rs 5 lakh as compensation, saying it could not remain a “mute

spectator” to such a grave violation of personal liberty.

A bench of Justices Rajeev Ranjan Prasad and Ritesh Kumar passed the order on Friday while hearing a habeas corpus plea filed by the boy’s family. The student was arrested on October 23, 2025, and remained in jail for over two-and-a-half months, according to a report in The Indian Express.

The high court observed that the investigating officer arrested the petitioner, who was below 16 years of age, without any cogent material. “The I.O. proceeded to arrest the petitioner, a student aged below 16 years, without there being any cogent material. He could not have done so in this case,” the bench said. Holding the arrest illegal, the court stated it could not remain a “mute spectator” in such circumstances.

The bench also pulled up the magistrate for having “failed to protect” the minor from an illegal arrest, noting that “misuse of power” by the investigating agency and judicial inaction resulted in the boy’s incarceration for over two-and-a-half months.

Considering the physical and mental trauma suffered by the juvenile, the court awarded Rs 5 lakh as compensation to be paid by the state within one month. It clarified that the amount must later be recovered from the erring officials. An additional Rs 15,000 was awarded to the boy’s family towards litigation expenses.

The court further directed the Bihar Director General of Police to initiate an administrative inquiry into the matter and take appropriate action against those responsible.

The boy was arrested following a clash between two groups in a village in Madhepura district. Though named in the FIR, he was not chargesheeted. Records later showed he was 15 years and six months old at the time of the incident, but was falsely shown as 19 by the investigating officer.