VIJAY KUMAR GUPTA Vs. STATE

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and learned Additional public prosecutor for the State of Bihar.

(2.) In the instant writ petition, the petitioner has prayed for a direction to the respondents to pay heavy compensation as he was detained for a period of two years and odd, over and above the sentence he was awarded under sections 379 and 411 of the penal code by the trial court, namely, Sub Divisional Judicial Magistrate, Bettiah, West Champaran.

(3.) SHORT facts giving rise to this writ petition are as follows: - On the written report of one Rabindra Jha dated 7.3.2002, Bettiah Town ps case No. 94 of 2002 was registered for offences under sections 341, 323, 379, 411, 384/34 of the penal code. The informant alleged that on 7.3.2002 while he was going to deposit a sum of Rs. 1570/ - collected from sale of attendance sheet of Bar Association, Bettiah, the accused petitioner and one unknown person snatched his money and a packet containing some forms. On halla, some lawyers and people present in the court premises chased and caught the petitioner with the cash and packet containing forms, whereas his accomplice managed to escape. In the process, petitioner also received some beatings. However, some advocates including the informant intervened and saved the petitioner from further assault. The accused petitioner was thereafter handed over to the police on the same day. The Bettiah Town Police Station after registering a formal FIR produced the petitioner on 8.3.2008 before the Magistrate, who remanded him to judicial custody.