Chandeshwar Paswan v. The State of Bihar thorugh Home Secretary, Govt. of Bihar, Patna, Bihar
Case brief
What is this about?
Illegal custody / habeas corpus writ disposed of as petitioner already released. Patna High Court CR. WJC No. 477 of 2026, decided 13-03-2026 by Sudhir Singh, J. (with Sunil Dutta Mishra, J.), arising out of Halai P.S. Case No. 93 of 2025, Samastipur (charges under BNS Sections 126(2), 115(2), 118(1), 117(2), 109(1), 76, 303(2), 352, 351(2) & (3), 3(5) and SC/ST (Prevention of Atrocities) Act Sections 3(1)(r), 3(1)(s), 3(1)(w)). Petitioner Chandeshwar Paswan alleged that, despite this Court's order dated 11.11.2025 in Cr. Appeal (SJ) No. 4166 of 2025 (passed after rejection of A.B.P. No. 1549 of 2025 on 04.09.2025) that no coercive steps be taken, the SHO, Halai arrested him at 11.00 PM on 09.01.2026, kept him in overnight custody and produced him handcuffed before the court; he prayed for habeas corpus, compliance with the stay order and Rs. 50 lakh compensation. State counsel admitted an inadvertent one-day detention with release the next day. Held: petitioner already released and no longer in custody, so no further order required; writ application and pending applications disposed of; no compensation awarded. Keywords: coercive steps, stay order, anticipatory bail, illegal custody, handcuffing, compensation, habeas corpus, disposed.