RAJU ALIAS RAJARAM MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner has filed the present application challenging his detention in Gopalpur P.S. Case No. 92/93 under Section 398 of the Indian Penal Code on the ground that same is in contravention of the provisions contained in proviso (a)(ii) to Section 167(2) of the Code of Criminal Procedure (hereinafter referred to as the Code) according to which a Magistrate is not authorised to detain an accused in custody for more than sixty days during the period of investigation.

(2.) The necessary facts for the disposal of the present application are that one Umesh Rai of village Dharampur in the district of Samastipur lodged a Fardbeyan before the A.S.I., Gopalpur Police Station at Chapra National Highway-31 Road on 11-5-1993 at 11.30 a.m. alleging, inter alia, that he was a driver of truck, bearing No. B.P.L. 9411, and he was carrying bitter gourd (karela) from Mainaguri to Samastipur. Kamlu Rai, another driver, and a businessman were also in the Truck. When the truck reached west to Kataria Bridge in the night at 1 a.m., he noticed that a Truck loaded with coal crossed over the bamboos which were loaded on a bullock-cart standing across the road. When he wanted to cross his truck also, 10-15 miscreants appeared and wanted to stop the truck. Then he wanted to pass away his truck speedily over the bamboos but the front axle of the truck broke down, as a result of which the truck fell into a nearby ditch. In the meantime, the police force came from Kursela Barrier and the miscreants managed to flee away. They could not succeed in removing the articles. He gave the description of the miscreants and claimed to have identified them.

(3.) On the basis of the said Fardbeyan Gopalpur Police registered Gopalpur P.S. Case No. 92/93 under Section 398 of the Indian Penal Cede against unknown person. The Petitioner was arrested and was forwarded to the court of the Additional Chief Judicial Magistrate, Naugachhia on 4-6-93. On 14-6-93 a T.I. Parade was held in which the Petitioner was identified by two persons. On 17-6-93 the Petitioner filed an application before the Additional Chief Judicial Magistrate for bail which was rejected on the same date. Thereafter he filed an application for bail before the Addl. Sessions Judge Naugachhia in B.P. No. 108/93 which was rejected on 21-8-93.