Patna HC flags deficiencies at BIMHAS, seeks action on mental health system

The court acted on an inspection report dated 17th February, 2026, submitted by the Member Secretary of the Bihar State Legal Services Authority (BSLSA). The report outlined deficiencies in mental healthcare services across the State of Bihar and specifically highlighted concerns at BIMHAS.

BSLSA formulated a Minimum Action Plan aimed at organising legal awareness initiatives through the District Legal Services Authorities across Bihar for the period from January 2026 to December 2026 for an awareness programme under the NALSA (Legal Services to the Mentally Ill and Mentally Disabled Persons) Scheme, 2015. As part of this process, a detailed report was directed to be prepared identifying the gaps observed at BIMHAS to ensure that corrective measures are undertaken in a comprehensive and balanced manner.

Upon reviewing the report, the court found that the Bihar State Institute of Mental Health and Allied Sciences (BIMHAS) in Koelwar, Bhojpur, is the sole State-run institution dedicated to mental health, with a current inpatient capacity of only 180 beds. Moreover, the Mental Illness Cured Home (MI Home), established by the Social Welfare Department under the directives of the Honourable Supreme Court, currently has a limited capacity of only 50 beds for male patients and 50 for female patients.

All medical colleges and district hospitals in Bihar need to establish dedicated facilities or wards for homeless (Lawaaris) individuals suffering from mental illnesses. It was also found that there is a notable lack of coordination between the Social Welfare Department and other government agencies regarding the rehabilitation of homeless or Lawaaris patients following their successful treatment.

The report also stated that there is an urgent need to implement comprehensive training and vocational programmes for cured or stabilized psychiatric patients to equip them with employable skills. The report also pinpointed infrastructure-related deficiencies, suggesting several improvements. These included broadening the access road to BIMHAS, building a resting facility for patients and caregivers from other areas, developing leisure activities, removing outdated tuberculosis hospital structures, reinforcing the perimeter wall, and initiating tree-planting initiatives. Considering the submissions, the division bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar also considered Sections 18, 19, 20, 21, and 27 of the Mental Healthcare Act, 2017 (hereafter referred to as the ‘2017 Act.’

The Court has issued notices to the Principal Secretary, Health Department; the Secretary, State Mental Health Authority, Bihar; the Director of the Bihar Institute of Mental Health and Allied Sciences (BIMHAS), along with other concerned authorities, instructing them to file responses addressing specific issues. They must clarify whether a Mental Health Review Board has been constituted in accordance with Section 73 of the Mental Healthcare Act, 2017, and if so, detail the functions being performed by the Board under Section 82 of the Act. The Director of BIMHAS has been asked to explain how the institute is discharging its responsibilities regarding admission and treatment of persons with mental illness, including arrangements for free food for patients and attendants, supply of medicines, maintenance of hygiene and cleanliness, and efforts to ensure a positive hospital environment.

The Member Secretary of the Bihar State Legal Services Authority (BSLSA) is required to furnish details regarding legal aid services extended to persons with mental illness, particularly those seeking treatment at BIMHAS. The Principal Secretary, Health Department, must also report on steps taken by the government for rehabilitation of recovered patients following their discharge. Additionally, the State, through a responsible officer, must respond to the concerns raised in the report submitted by the Member Secretary, BSLSA.

To view the official order, click on the link below: