LAWS(PAT)-2013-12-183

AMAR JYOTI, SON OF SHRAWAN KUMAR, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH DIRECTOR GENERAL OF POLICE, BIHAR, PATNA

Decided On December 17, 2013
Amar Jyoti, Son Of Shrawan Kumar, Resident Of Village Appellant
V/S
The State Of Bihar Through Director General Of Police, Bihar, Patna Respondents

JUDGEMENT

(1.) (C.A.V.) - In this writ application, the prayer has been made to issue the writ of habeas corpus directing the respondents to release the petitioner from the illegal custody.

(2.) The case of the petitioner is that he in pursuant to the order of the High Court appeared before the learned Additional Session Judge, IV, Naugachia in Session Trial No. 767 of 2012 on 5.9.2013 and he was allowed to remain on previous bail in Sessions Trial No. 767 of 2012. Later on a petition was filed before the said Court that he has apprehension of committing his murder by the co-accused as such the Superintendent of Police Naugachia was directed to give protection to the petitioner within the jurisdiction of Naugachia but on the same date the petitioner was apprehended by the police near the court compound itself. He has also grievance that he was apprehended near the Court campus on 5.9.2013 and he was produced before the additional Chief Judicial Magistrate on 6.9.2013 after 24 hours beyond the mandatory provision. Thus, the fundamental right of the petitioner has been violated by the police concerned. Since the detention of the petitioner in police custody is beyond 24 hours without production before the nearest Magistrate, his detention is illegal and is in violation of the fundamental right of the petitioner.

(3.) The learned Magistrate has remanded the petitioner to be produced on 19.9.2013 which was also illegal and the order of remand is also vitiated as such the petitioner should be set at liberty forthwith. In support of his contention he has relied upon a decision in the case of Mahesh Kumar Vs. The State of Bihar & Ors., reported in 2008(2) BLJ 135- PHC .