MANTOO MAJUMDAR & BASDEV SINGH versus STATE OF BIHAR

The prolonged detention of the petitioners for over seven years without investigation or filing of charge-sheet is illegal and violates both Section 167(2) of the Code of Criminal Procedure and Article 21 of the Constitution; therefore, they must be released forthwith on personal bond.

Source-derived case information.

Parties: Petitioner: Mantoo Majumdar; Petitioner: Basdev Singh; Respondent: State of Bihar
Jurisdiction: India
Judgment Date: 27 February 1980
Procedural Posture: Writ Petition (habeas Corpus) / Final Order on Merits
Outcome: Petition allowed. Petitioners ordered to be released forthwith on their own bonds without sureties.
Legal Topics: Illegal Detention, Article 21 of the Constitution, Pre Trial Detention, Section 167(2) Cr PC, Personal Liberty

Criminal Law Constitutional Law Human Rights Illegal Detention Article 21 of the Constitution Pre Trial Detention Section 167(2) Cr PC Personal Liberty

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Mantoo Majumdar

Petitioner

Basdev Singh

Petitioner

State of Bihar

Respondent

Procedural Posture

Writ Petition (habeas Corpus) / Final Order on Merits

Legal Issues

1 Whether detention of accused persons for over six years without investigation or framing of charges is legal under Section 167(2) of CrPC and Article 21 of the Constitution

Ratio Decidendi

Court Disposition

Petition allowed. Petitioners ordered to be released forthwith on their own bonds without sureties.

Orders

Petitioners Mantoo Majumdar and Basdev Singh to be released forthwith on their own bonds of Rs. 1,000/- each without sureties.
State may take further legal proceedings if so warranted.

About this LexChat collection

Publisher and coverage

LexChat is published by Esheria. Coverage reflects the case law currently mapped from identified source collections; it may be incomplete, delayed, or later corrected. The official source controls where it differs from this research page.

AI and research method

Source-derived facts are shown separately from AI-generated material. If an AI summary is available, it is explicitly labelled and remains a non-authoritative research aid.

Corrections and reporting

Report a source mismatch, factual issue, personal-data concern, or licensing question to support@esheria.co.ke. Include this page's URL and the supporting official source so the record can be reviewed, corrected, restricted, or withdrawn.

Legal-information disclaimer

LexChat provides legal information and research tools, not legal advice. Verify currency, status, citations, and jurisdiction with authoritative sources and a qualified professional where appropriate.