Patna Press
  • Home
  • Patna
  • Bihar
  • Politics
  • Campus Buzz
  • Crime
  • Nation
  • World
  • Infra
  • Business
  • Lifestyle
  • Opinion
  • About us
No Result
View All Result
  • Home
  • Patna
  • Bihar
  • Politics
  • Campus Buzz
  • Crime
  • Nation
  • World
  • Infra
  • Business
  • Lifestyle
  • Opinion
  • About us
No Result
View All Result
Patna Press
No Result
View All Result
Home Bihar

Can The State Brand You An ‘Anti-Social Element’ Over Old Cases? Patna High Court Says No

The High Court quashed a Nalanda District Magistrate's order under the Bihar Control of Crime Act, 2024, and directed the state to pay compensation for violating the petitioner's fundamental rights.

Deepak Tiwari by Deepak Tiwari
July 18, 2026
in Bihar
Reading Time: 2 mins read
Patna High Court Puts ED on the Spot With 16 Questions in Rishu Shree Tender-Fixing Case
0
SHARES
41
VIEWS
Share on FacebookShare on Twitter

Patna: The Patna High Court has ruled that authorities cannot declare a person an “anti-social element” under the Bihar Control of Crime (BCC) Act, 2024 solely on the basis of past criminal cases, holding that such action violates fundamental rights guaranteed under the Constitution.

In a significant judgment, the court quashed an order passed by the Nalanda District Magistrate and directed the Bihar government to pay the petitioner Rs 1 lakh as compensation and Rs 10,000 towards litigation costs within one month. The court also ordered that the amount be recovered from the officials responsible for the unlawful action.

Court Finds District Magistrate’s Order Illegal

A division bench comprising Justice Rajeev Ranjan Prasad and Justice Kumar Manish delivered the ruling while allowing a criminal writ petition filed by Rajesh Kumar.

The bench held that proceedings under the BCC Act can be initiated only if police reports have been filed before a court in at least two cases covered under the Act during the 24 months preceding the initiation of proceedings.

Since no fresh criminal case had been registered against the petitioner after 2021, the court held that declaring him an “anti-social element” was contrary to the provisions of the law.

‘Fundamental Rights Cannot Be Curtailed On Old Cases’

The High Court observed that branding a person as an “anti-social element” carries serious consequences for their reputation as well as their right to life and personal liberty under Article 21 of the Constitution.

It said such powers must be exercised with extreme caution and only after an independent examination of the available evidence.

The bench added that severe restrictions on an individual’s liberty cannot be imposed merely on the basis of unverified and general allegations made by police authorities.

Police Recommendation Accepted Without Independent Verification

The court found that the District Magistrate had directed the petitioner to report to Silao Police Station every Monday and Friday solely on the basis of a police recommendation.

The petitioner, however, was a resident of the Giriyak Police Station area.

According to the judgment, the administration failed to verify the facts independently before issuing the order, rendering the action legally unsustainable.

Entire Process Completed In One Day

The bench also expressed concern over the manner in which the proceedings were conducted.

It noted that the entire process—from the recommendation of the Station House Officer to its approval by the Superintendent of Police and the final order of the District Magistrate—was completed within a single day without any independent scrutiny.

The court observed that this raised serious doubts about the fairness and impartiality of the decision-making process.

Compensation Ordered

Setting aside the March 20, 2026 order of the Nalanda District Magistrate, the High Court directed the Bihar government to pay the petitioner Rs 1 lakh in compensation and Rs 10,000 as litigation costs within one month.

The bench further ordered that the compensation be recovered from the officials found responsible for the unlawful action, underscoring the accountability of public authorities when constitutional rights are infringed.

Tags: 2024BiharBihar Control of Crime (BCC) ActBihar NewsPatna High Court

Related Posts

Bihar Saras Mela Sees Rs 1.26 Crore Sales in 5 Days; 1.25 Lakh Visitors Flock to Patna
Bihar

Bihar Saras Mela Sees Rs 1.26 Crore Sales in 5 Days; 1.25 Lakh Visitors Flock to Patna

September 25, 2026
Bihar to Draft New Industrial Policy With IIM Bodh Gaya; Investment Promotion Policy 2026 in Focus
Bihar

Bihar Industries Department, IIM Bodh Gaya Sign MoU To Draft Investment Promotion Policy 2026

September 25, 2026
Bihar Industries Association Re-Elects Ram Lal Khetan As President For 2026-27
Bihar

Bihar Industries Association Re-Elects Ram Lal Khetan As President For 2026-27

September 25, 2026
Next Post
Horoscope for July 18: Pisces to Gain Confidence, Libra Sees Financial Growth, Leo Enjoys Recognition

Horoscope for July 18: Pisces to Gain Confidence, Libra Sees Financial Growth, Leo Enjoys Recognition

ASI Found Dead at Samastipur Police Station; Body Discovered Hanging in Third-Floor Room

ASI Found Dead at Samastipur Police Station; Body Discovered Hanging in Third-Floor Room

Bihar Selects Four Cities for Food Hubs; Mokama Gets Municipal Council Approval for Central Scheme

Bihar Selects Four Cities for Food Hubs; Mokama Gets Municipal Council Approval for Central Scheme

Instagram

  • Pitru Paksha Mela 2026 has begun in Gaya, with the Bihar government focusing on pilgrim facilities, tourism infrastructure and connectivity. During his visit, CM Samrat Chaudhary also highlighted plans for the Vishnupad Corridor, international air connectivity and industrial investment.

#PitruPakshaMela #Gaya #BiharNews #BiharTourism #GayaJi
  • Jan Suraaj founder Prashant Kishor criticised the Bihar government over the recent Samastipur incident, questioning the state’s law-and-order situation. He also criticised Minister Ashok Choudhary’s remarks comparing such incidents in Bihar with those in the US and Japan, saying the focus should be on administrative accountability and strict action. 

#PrashantKishor #BiharPolitics #Samastipur #JanSuraaj #BiharNews
  • CIMP Foundation and WaterAid India hosted a policy dialogue on drinking water supply in Bihar’s small towns. Policymakers, engineers and WASH experts discussed water governance, sustainability, monitoring and reliable service delivery under the Har Ghar Nal Ka Jal vision.

#BiharNews #DrinkingWater #WaterGovernance #HarGharNalKaJal #PatnaNews
  • RJD leader Misa Bharti said she visited the police station to file a case against Bihar Chief Minister Samrat Choudhary under the POCSO Act. She alleged that she has been waiting at the police station for over one and a half hours and that her FIR has not been registered. Bharti said she would remain at the police station until her complaint is accepted.

#MisaBharti #BiharPolitics #RJD #POCSOAct #BiharNews
  • RJD leader and Bihar Leader of Opposition Tejashwi Yadav said the party will approach the court if Bihar Police do not register a POCSO case against Chief Minister Samrat Choudhary over the alleged disclosure of a minor Jamui victim’s identity on social media. The post was later deleted. Yadav also demanded the arrest of Chief Election Commissioner Gyanesh Kumar and said the RJD’s protest would continue. 

#TejashwiYadav #BiharPolitics #JamuiCase #RJD #BiharNews
  • Rainfall activity is expected to continue across Bihar on September 26, with heavy rain likely in East Champaran, Gopalganj and West Champaran. IMD has also warned of thunderstorms, lightning and strong winds in parts of the state.

#BiharWeather #RainAlert #BiharNews #IMD #PatnaWeather
  • Railways has approved a new Bhuj-Barauni Amrit Bharat Express covering around 2,532 km. The three-day-a-week service will connect Gujarat and Bihar through Rajasthan and Uttar Pradesh, with several stops across Bihar.

#IndianRailways #AmritBharatExpress #BiharNews #RailwayNews #Barauni
  • Muzaffarpur Police have intensified action against obscene songs played in public vehicles and objectionable social media content. Two FIRs have been registered, while teams are conducting raids and monitoring online posts.

#MuzaffarpurNews #BiharNews #MuzaffarpurPolice #CyberCrime #BiharPolice
  • Bihar MLA Maithili Thakur has reached the Netherlands in Europe.

#MaithiliThakur #Netherlands #BiharNews #Bihar
Bihar to Draft New Industrial Policy With IIM Bodh Gaya; Investment Promotion Policy 2026 in Focus

Bihar Industries Department, IIM Bodh Gaya Sign MoU To Draft Investment Promotion Policy 2026

by Vanshika Krishna
September 25, 2026
0

The Bihar Industries Department and IIM Bodh Gaya have signed an MoU to prepare the Bihar Industries Investment Promotion Policy...

Patna Property Tax Drive: PMCH Tops Government List, Medanta Leads Non-Government Institutions

Patna Property Tax Drive: PMCH Tops Government List, Medanta Leads Non-Government Institutions

by Deepak Tiwari
September 25, 2026
0

Patna Municipal Corporation collected around Rs 74.72 lakh in property tax from 832 properties on Friday as its door-to-door tax...

Bihar Industries Association Re-Elects Ram Lal Khetan As President For 2026-27

Bihar Industries Association Re-Elects Ram Lal Khetan As President For 2026-27

by Deepak Tiwari
September 25, 2026
0

The Bihar Industries Association elected its office-bearers and Executive Council for 2026-27 at its 82nd Annual General Meeting, with Ram...

Bihar DGP Vinay Kumar Set to Become Chief Information Commissioner; Selection Committee Reaches Consensus

Bihar DGP Vinay Kumar Set to Become Chief Information Commissioner; Selection Committee Reaches Consensus

by Vanshika Krishna
September 25, 2026
0

Bihar DGP Vinay Kumar is set to be appointed the state’s next Chief Information Commissioner after the selection committee reportedly...

Bihar to Draft New Industrial Policy With IIM Bodh Gaya; Investment Promotion Policy 2026 in Focus
Bihar

Bihar Industries Department, IIM Bodh Gaya Sign MoU To Draft Investment Promotion Policy 2026

by Vanshika Krishna
September 25, 2026
0

The Bihar Industries Department and IIM Bodh Gaya have signed an MoU to prepare the Bihar Industries Investment Promotion Policy...

Read moreDetails
Patna Property Tax Drive: PMCH Tops Government List, Medanta Leads Non-Government Institutions

Patna Property Tax Drive: PMCH Tops Government List, Medanta Leads Non-Government Institutions

September 25, 2026
Bihar Industries Association Re-Elects Ram Lal Khetan As President For 2026-27

Bihar Industries Association Re-Elects Ram Lal Khetan As President For 2026-27

September 25, 2026
Bihar DGP Vinay Kumar Set to Become Chief Information Commissioner; Selection Committee Reaches Consensus

Bihar DGP Vinay Kumar Set to Become Chief Information Commissioner; Selection Committee Reaches Consensus

September 25, 2026
Pitru Paksha Mela Begins With Major Push for Gaya Tourism, Airport Connectivity and Pilgrim Facilities

Pitru Paksha Mela Begins With Major Push for Gaya Tourism, Airport Connectivity and Pilgrim Facilities

September 25, 2026

Recent Posts

  • Bihar Saras Mela Sees Rs 1.26 Crore Sales in 5 Days; 1.25 Lakh Visitors Flock to Patna
  • Bihar Industries Department, IIM Bodh Gaya Sign MoU To Draft Investment Promotion Policy 2026
  • Patna Property Tax Drive: PMCH Tops Government List, Medanta Leads Non-Government Institutions
  • Bihar Industries Association Re-Elects Ram Lal Khetan As President For 2026-27
  • Bihar DGP Vinay Kumar Set to Become Chief Information Commissioner; Selection Committee Reaches Consensus
Bihar to Draft New Industrial Policy With IIM Bodh Gaya; Investment Promotion Policy 2026 in Focus

Bihar Industries Department, IIM Bodh Gaya Sign MoU To Draft Investment Promotion Policy 2026

by Vanshika Krishna
September 25, 2026
0

The Bihar Industries Department and IIM Bodh Gaya have signed an MoU to prepare the Bihar Industries Investment Promotion Policy...

Patna Property Tax Drive: PMCH Tops Government List, Medanta Leads Non-Government Institutions

Patna Property Tax Drive: PMCH Tops Government List, Medanta Leads Non-Government Institutions

by Deepak Tiwari
September 25, 2026
0

Patna Municipal Corporation collected around Rs 74.72 lakh in property tax from 832 properties on Friday as its door-to-door tax...

Bihar Industries Association Re-Elects Ram Lal Khetan As President For 2026-27

Bihar Industries Association Re-Elects Ram Lal Khetan As President For 2026-27

by Deepak Tiwari
September 25, 2026
0

The Bihar Industries Association elected its office-bearers and Executive Council for 2026-27 at its 82nd Annual General Meeting, with Ram...

Bihar DGP Vinay Kumar Set to Become Chief Information Commissioner; Selection Committee Reaches Consensus

Bihar DGP Vinay Kumar Set to Become Chief Information Commissioner; Selection Committee Reaches Consensus

by Vanshika Krishna
September 25, 2026
0

Bihar DGP Vinay Kumar is set to be appointed the state’s next Chief Information Commissioner after the selection committee reportedly...

Recent News

  • Bihar Saras Mela Sees Rs 1.26 Crore Sales in 5 Days; 1.25 Lakh Visitors Flock to Patna
  • Bihar Industries Department, IIM Bodh Gaya Sign MoU To Draft Investment Promotion Policy 2026
  • Patna Property Tax Drive: PMCH Tops Government List, Medanta Leads Non-Government Institutions
  • Home
  • Patna
  • Bihar
  • Politics
  • Campus Buzz
  • Crime
  • Nation
  • World
  • Infra
  • Business
  • Lifestyle
  • Opinion
  • About us

© 2026 PatnaPress.com

No Result
View All Result
  • Home
  • Patna
  • Bihar
  • Politics
  • Campus Buzz
  • Crime
  • Nation
  • World
  • Infra
  • Business
  • Lifestyle
  • Opinion
  • About us

© 2026 PatnaPress.com