# Gaya Man vs The State Of Bihar & Ors

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2011-0021](https://datalibertarian.in/babuwatch/incident/CW-2011-0021)

## Report card

By judgment dated 23 November 2011 in Criminal Writ No. 239 of 2006, the Patna High Court (Coram: Aditya Kumar Trivedi, J.) returned findings adverse to 2 police personnel, namely: Officer-in-Charge, Magadh Medical Police Station; Investigating Officer, Magadh Medical Police Station, and directed payment of compensation of Rs 1 lakh (Rs 1,00,000).

- Register number: BR 02 CW 0003
- Case reference: Criminal Writ No. 239 of 2006
- Court and date: Patna High Court (Coram: Aditya Kumar Trivedi, J.), 23 November 2011
- Officer(s) at the material time: Officer-in-Charge, Magadh Medical Police Station; Investigating Officer, Magadh Medical Police Station
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Article 21 of the Constitution of India; Article 226 of the Constitution of India
- Finding of the Court (extract): “As such, the detention of petitioner during the course of having the shield prescribed by the judicial order passed by this Court certainly covers the terms 'illegal detention' and because of the fact that it has been on the part …” (at para 20)
- Verdict, sentence and quantum: Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 1 lakh (Rs 1,00,000).
- Present status of the proceedings: No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/1156405/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2011-0021)

**Record:** CW-2011-0021 (compiler id CWC-0039); case BIHAR1-002
**Title:** Gaya Man vs The State Of Bihar & Ors
**Court:** Patna High Court; judges: Aditya Kumar Trivedi
**Case number / citation:** Criminal Writ No. 239 of 2006
**Judgment:** 2011-11-23 (2011, day precision)
**Incident date:** 2005-07-19 (2005)
**Place:** Gaya, Bihar; city town: Gaya; police station or unit: Magadh Medical Police Station; force: state_police
**Category:** Violence & unlawful detention
**Sub-category:** illegal detention false imprisonment
**Outcome:** Adverse finding + compensation (adverse_finding_compensation)
**Sections:** Constitution of India Art. 21; Constitution of India Art. 226
**Officers (gated display forms):** Officer-in-Charge, Magadh Medical Police Station; Investigating Officer, Magadh Medical Police Station (2 in record)
**Victims:** Gaya man (1 in record)
**Sentence / compensation:** compensation only; Rs 1 lakh (Rs 1,00,000)
**Sentence type:** compensation only (compensation_only)

The Patna High Court held that the arrest of petitioner \[name withheld\] on July 19, 2005 by Magadh Medical Police in Gaya constituted illegal detention because the High Court had specifically ordered on June 24, 2005 that no coercive steps be taken against him. The interim stay order had already been communicated by the Chief Judicial Magistrate, Gaya to the Superintendent of Police and forwarded to the Officer-in-Charge prior to the arrest. Rejecting the State's defence that the arrest was made in good faith in a cognizable dowry case, the Court found an egregious violation of Article 21 and awarded Rs. 1,00,000 compensation to the petitioner payable by the State, with liberty to realize the amount from the negligent employee. Matters not addressed in the cited judgment text are not recorded here.

> As such, the detention of petitioner during the course of having the shield prescribed by the judicial order passed by this Court certainly covers the terms 'illegal detention' and because of the fact that it has been on the part of the State machinery, hence State is liable to compensate. Accordingly, Rs. 1 Lac is granted by way of compensation to be paid to the petitioner by the State within three months from the date of order.

**Sources (1):** [indiankanoon.org](https://indiankanoon.org/doc/1156405/)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** misconduct
**admin subcategory:** illegal_detention_false_imprisonment
**allegations:** {'category': 'Other', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 20
**display title redacted:** Gaya Man vs The State Of Bihar & Ors
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'holds', 'corrections_applied': \[\]}
**followup status:** checked
**institutional response:** {'date': '2011-11-23', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Patna High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Patna High Court recorded adverse findings against police personnel and ordered Rs 100,000.', 'disposition': 'Compensation ordered · Supports allegation (for the compensated wrong only)', 'source': 'Criminal Writ No. 239 of 2006', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/1156405/', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** illegal detention false imprisonment
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** Patna HC held arrest in violation of interim protection order constituted illegal detention and awarded Rs. 1,00,000 compensation.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Adverse finding + compensation.

[Open CW-2011-0021](https://datalibertarian.in/babuwatch/incident/CW-2011-0021)