In a striking development, the Patna High Court has ordered the release of a Czech national, Kasperek Petr, who was imprisoned in Bihar on charges of entering India without a valid visa. The court directed that Petr be deported within 15 days and instructed the Czech Embassy in New Delhi to facilitate his return.
Justice Vivek Chaudhary, presiding over the single-judge bench, made the decision after hearing Petr’s petition. Petr claimed he entered India to file a complaint regarding a cybercrime incident that victimized him. Despite possessing a valid passport, he was apprehended by police at the Raxaul border crossing from Nepal due to his lack of a valid Indian visa and has been incarcerated since his arrest.
Initially, a judicial magistrate in Raxaul sentenced Petr to two years in prison and imposed a fine of INR 10,000. After his appeal was dismissed, Petr challenged the validity of the conviction order before the High Court.
Arguing before the court, Petr’s counsel stated that any foreign national caught entering India should be immediately deported rather than prosecuted and held criminally responsible for entering without a valid visa, asserting that such legal actions were not just.
