Mental Healthcare Act | Patna High Court Takes Suo Motu Cognisance Of “Shortcomings” In Bihar's Mental Health Facilities, Seeks Report
Rushil Batra
2 March 2026 6:20 PM IST
The Patna High Court has taken suo motu cognisance of shortcomings in mental health facilities in the State of Bihar, including at the Bihar State Institute of Mental Health and Allied Sciences (BIMHAS), Koelwar, Bhojpur, and initiated a suo motu Public Interest Litigation on the basis of an inspection report submitted by the Member Secretary, Bihar State Legal Services Authority (BSLSA).
A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing the matter. The suo motu proceedings were triggered by BSLSA's report dated 17.02.2026, prepared pursuant to an inspection undertaken during a legal awareness programme organised under the NALSA scheme relating to legal services for persons with mental illness and intellectual disabilities.
As per BSLSA's minimum action plan for legal awareness programmes for the period January 2026 to December 2026, 14.02.2026 (second Saturday) was fixed for an awareness programme under the NALSA (Legal Services to the Mentally Ill and Mentally Disabled Persons) Scheme. On that day, some judges of the High Court, including the Chief Justice, along with the Registrar General, the Member Secretary of BSLSA, the Principal District & Sessions Judge-cum-Chairman, DLSA Bhojpur, and the Health Secretary, Government of Bihar, visited BIMHAS. The Court recorded that an inspection report was directed to be prepared highlighting shortcomings found at BIMHAS so as to adopt a “balanced and holistic approach” to address them.
The inspection report, inter alia, flagged that BIMHAS is the sole State-run mental health institution in Bihar with an inpatient capacity of 180 beds, with an additional 140-bed hospital under construction, but noted that a single facility is inadequate given Bihar's population and geographical spread. The report also highlighted limited capacity of the Mental Illness Cured Home (50 beds each for male and female patients), absence of dedicated wards in medical colleges/district hospitals for homeless (“Lawaaris”) persons with mental illness, lack of inter-departmental coordination for post-treatment rehabilitation, and the need for vocational training and employment support for cured/stabilised patients.
Among other concerns, the report suggested construction of a rest house for patients and attendants travelling from distant regions, widening of the approach road to a four-lane configuration, immediate halting/relocation of sand mining and sand storage activity near the hospital due to safety and environmental risks, development of playground and park spaces within the campus, demolition of old TB hospital buildings, repair and strengthening of the boundary wall, and campus-wide afforestation/greenery initiatives.
Referring to Sections 18, 19, 20, 21 and 27 of the Mental Healthcare Act, 2017, and the NALSA (Legal Service to Persons with Mental Illness and Persons with Intellectual Disabilities) Scheme, 2024, the Court issued notice to the Principal Secretary, Health Department; Secretary, State Mental Health Authority, Bihar; Director, BIMHAS; Director General of Police, Bihar; Inspector General of Prisons; and the Union of India.
The Court sought responses, inter alia, on whether a Mental Health Review Board has been constituted under Section 73 of the 2017 Act and the functions discharged by such Board under Section 82; the manner in which BIMHAS is carrying out responsibilities relating to admission and treatment, including arrangements for free food, medicines, hygiene, and a positive environment; reports by the DGP on duties performed by police officers under Section 100 and by the IG (Prisons) in respect of prisoners with mental illness under Section 103; a report by BSLSA on legal aid facilities provided to persons with mental illness, particularly those seeking treatment at BIMHAS; steps taken by the State for rehabilitation post-discharge; and a status report on measures taken to address issues flagged in the BSLSA inspection report.
The Court also appointed Ms. Anukriti Jaipuriyar and Mr. Raju Patel as Amicus Curiae. The matter has been listed on 16.03.2026
Case Title: Court on its own motion Regarding matter relates to the Inspection Report v. State of Bihar and Ors.
Case Number: Civil Writ Jurisdiction Case No. 2805 of 2026.
Appearance: P.K. Shahi appeared for the State. K.N. Singh and Amish Kumar appeared for the Union of India.