KAMESHWAR PRASAD VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India and under Section 491(1)(b) of the Code of Criminal Procedure filed by one Kameshwar Prasad Verma. It has been mentioned' in the application that Kameshwar Prasad Verma is a friend of one Bipat Gope on whose behalf this application is being made. The prayer made in this application is for a writ in the nature of a writ of habeas corpus directing that the said Bipat Gope be set at liberty.

(2.) This application arises in the following circumstances. In Government Appeal No. 1 of 1956 Bipat Gope was convicted by this Court under Sections 323 and 324 read with S, 511 of the Indian Penal Code by judgment and order dated 29-11-1957. The sentences passed were of rigorous imprisonment of six months under each or the Section. The sentences were, however, ordered to run concurrently. On or about 6-1-1958, Bipat Gope was taken into custody and was allowed to remain in the Paying Ward of the Patna Medical College- Hospital under armed guard as he was lying seriously ill there. On 14-2-1958, an application was filed before the District Magistrate of Patna on behalf of Bipat Gope under Rules 548 and 549 of the Bihar and Orissa Jail Manual. It was stated therein that for the reasons given in the application Bipat Gope might be released. It appears that when the application was put up before the District Magistrate of Patna, the case was numbered as Criminal Miscellaneous No. 34 of 1958 in his court. On 11-3-1958, the District Magistrate of Patna passed the following order:

(3.) On 27-4-1958, the District Magistrate of Patna passed an order in Criminal Miscellaneous No. 34 of 1958 for the issue of non-bailable warrant of arrest against Bipat Gope. By the same order the District Magistrate of Patna also ordered that notices should issue to the sureties to show cause why their sureties should not be forfeited. It is stated in the application filed in this Court that this order dated 27-4-1958 was passed by the District Magistrate upon an application made to the District Magistrate by the Police. It is also stated in the said application that on 29-4-1958 Bipat Gope had filed a previous application in this Court under Article 226 of the Constitution of India against the order passed by the District Magistrate on 27-4-1958. In connection with that application pending in this Court Bipat Gope had appeared in the court of the Senior Deputy Collector of Patna and was arrested. The order-sheet of the District Magistrate in Criminal Miscellaneous No. 34 of 1954, however, shows that on the 1-5-1958 Bipat Gope surrendered. A petition showing cause was also filed on 1-5-1958 by the sureties. The non-bailable warrant of arrest was ordered to be withdrawn and the record was sent to the District Magistrate for confirmation. The earlier application filed in this Court was withdrawn on 2-5-1958 and on the same day the present application was filed.