The Patna High Court has issued notice to the Bihar government, the Director General of Police, the Superintendent of Police (East Patna), and the Station House Officers of Kotwali and Rajiv Nagar Police Stations in response to a petition filed by advocate Aadil Hussain alleging illegal detention and physical assault by police personnel during student protests near Gandhi Maidan on 25 July 2026.
The petitioner, an advocate practising before the Patna High Court, states that while returning from the Civil Court towards his chambers on the aforementioned date, he witnessed police personnel resorting to a lathi-charge against protesting students. Upon being approached by some of the students, he identified himself as an advocate and appealed to the police to exercise restraint. According to the petition, the police personnel responded by apprehending him, grabbing him by the collar, tearing his attire, abusing him, and physically assaulting him.
The petition further alleges that the petitioner was taken to Kotwali Police Station where he observed custodial violence being inflicted upon detained students. When he raised objections to such conduct, he was allegedly told by police officers present to 'know the limits of lawyers'. Subsequently, he was transferred to Rajiv Nagar Police Station.
It is claimed in the petition that the petitioner remained in police custody for approximately 30 hours and 50 minutes without being produced before a Magistrate, without any First Information Report (FIR) being registered against him, and without intimation of his detention being given to his family or friends. The petitioner contends that this detention violated his fundamental rights under Articles 21 and 22 of the Constitution of India.
Reliance has been placed on the judgments in Lalita Kumari v Government of Uttar Pradesh and DK Basu v State of West Bengal to substantiate the claim that the failure to register an FIR and the denial of procedural safeguards during detention constitute violations of constitutional rights. The petitioner has sought a writ of mandamus directing the authorities to register an FIR against the concerned police officials, entrust the investigation to an independent agency, preserve and produce CCTV footage of the incident, initiate departmental proceedings against the implicated officers, and award compensation for the violation of his fundamental rights.
The petitioner is represented by Advocate Masoom Raza. The respondents include the State of Bihar, the Director General of Police, the Superintendent of Police (East Patna), and the Station House Officers of Kotwali and Rajiv Nagar Police Stations. The court has directed the respondents to file their counter-affidavits within four weeks. The matter is listed for further hearing after the return of notice.