LAWS(PAT)-2016-10-36

SHINTU YADAV SON OF LATE DHANRAJ YADAV, RESIDENT OF VILAGE Vs. THE STATE OF BIHAR THROUGH DISTRICT MAGISTRATE, GAYA

Decided On October 18, 2016
Shintu Yadav Son Of Late Dhanraj Yadav, Resident Of Vilage Appellant
V/S
The State Of Bihar Through District Magistrate, Gaya Respondents

JUDGEMENT

(1.) The present writ petition is filed under Art. 226 of the Constitution of India, seeking a writ of habeas corpus. It is the case of the petitioner that his detention in judicial custody is illegal for being in contravention of Sec. 309(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code ).

(2.) The facts relevant to the present proceedings may be briefly summarised as follows; BACKGROUND FACTS:

(3.) We have heard and carefully considered the submissions made by Mr. Akhileshwar Prasad Singh, learned Senior counsel for the petitioner, and Mr. Vinay Kirti Singh, learned Government Advocate No.3, appearing for the State respondent. Submissions on behalf of the petitioner: