LAWS(PAT)-2022-12-72

LALLAN CHOUHAN Vs. STATE OF BIHAR

Decided On December 13, 2022
Lallan Chouhan Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The petitioner in the present habeas corpus writ application prays for the following reliefs:- <IMG>JUDGEMENT_72_LAWS(PAT)12_2022_1.jpg</IMG> <IMG>JUDGEMENT_72_LAWS(PAT)12_2022_2.jpg</IMG>

(2.) From perusal of the aforesaid reliefs sought for in the present habeas corpus writ application, it appears that the petitioner intends to challenge the order dtd. 4/11/2022 passed by the Court of Sessions Judge, Nawada in connection with Nardiganj P.S. Case No.49 of 2022 and declare the same to be illegal, by virtue of which the petitioner has been remanded to judicial custody till 17/11/2022. The petitioner, in consequence of the aforesaid relief, further prays for his release from the undergoing detention in connection with the present case.

(3.) The facts leading to filing of the present application is that a written report was filed by A.S.I. Mr. Sunil Kumar Singh, who happens to be the informant of the present case stating therein that on 4/3/2022 around 10 in the morning he received a secret information that six named accused persons including this petitioner are indulged in farming and trade of ganja. After informing his senior officials, the informant went to the channa-chatar village and saw that five to six persons were running trying to escape from their respective houses. The informant along with other police officials tried to apprehend them. However, by taking advantage of the dense population, the accused persons fled away.