BIRENDRA KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This is a writ petition under Article 226 of the Constitution for a Writ of Habeas Corpus solely based on the ground that the remand of the accused initially and Patna High Court Cr. WJC No.802 of 2015 dt.16-12-2015 subsequently by the Magistrate, being not in accordance with law, he be released forthwith from custody. In view of the nature of allegations, this Court thought it proper to examine the original records of the Lower Court. The Lower Court's records were produced.

(2.) We have heard Sri Indradeo Prasad, learned counsel for the petitioner and Sri Ashok Kumar Keshari, learned A.A.G.-XI at length and perused the records.

(3.) Before proceeding, we may note that in respect of revenue district Arwal, there is no separate Sessions Divisions. It is included in the Sessions Division of district Jehanabad. At Arwal, there is now a Chief Judicial Magistrate and for Arwal it is the District and Sessions Judge, Jehanabad who exercises the jurisdictions respectively. There is no jail at Arwal. Accused and undertrials are remanded to and kept in detention at jail located at Jehanabad, which is at quite some distance from the district headquarters of Arwal.