SUBHASH CHANDRA SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) By this criminal writ application a prayer has been made directing the respondents to release the petitioner, who is in jail custody in Hussainganj Police Station Case No. 52 of 2006.

(3.) It is submitted by learned counsel for petitioner that for an incident, two cases were registeredone being Hussainganj Police Station Case No. 52 of 2006 and another in Hussainganj Police Station Case No. 54 of 2006. Subsequently, order taking cognizance in Hussainganj Police Station Case No. 54 of 2006 for offences under Sec. 302/34 of the Indian Penal Code read with Sec. 27 of the Arms Act was quashed by this Court in Criminal Miscellaneous No. 3562 of 2007. The petitioner, however, was detained in custody in view of Hussainganj Police Station Case No. 52 of 2006, though he was never remanded in this case by the learned Magistrate to jail custody. It is further submitted that the detention of the petitioner in absence of a valid remand order is illegal and wholly without jurisdiction, and, therefore, the petitioner is liable to be released forthwith.