GUDDU KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application prayer of the petitioner is to issue writ in the nature of habeas corpus for release of the petitioner, who is in detention in connection with Kadamkuan P. S. Case No. 136 of 2008 registered under section 392 of the Indian penal Code.

(2.) THE facts, which are not in dispute, are that the petitioner is an accused in kadamkuan P. S. Case No. 136 of 2008 registered under section 392 of the Indian Penal code. It pertains to robbery of a motorcycle and mobile phone. The petitioner was arrested in the case on 14th April, 2008 at 2. 30 P. M. and, according to the investigating agency, looted mobile phone and motorcycle were recovered from his possession. He was produced before the learned Chief judicial Magistrate on 16th April, 2008, who remanded him to judicial custody. Respondents attempted to explain the non-production of the petitioner within twenty four hours on the ground that when the petitioner was produced, the court sitting was over as it was a morning court. Be that as it may, fact remains that the petitioner was arrested on 14th April, 2008 and remanded to the judicial custody by the learned Magistrate on 16th April, 2008.

(3.) MR. Arvind Kumar Sinha, counsel appearing on behalf of the petitioner submits that arrest of the petitioner beyond twenty four hours from the time of his arrest is illegal, so also the order of remand and, therefore, it is a fit case in which the writ in the nature of habeas corpus deserves to be issued. Reliance has been placed on a Division bench judgment of this Court in the case of Mahesh Kumar v. The State of Bihar and Ors. , 2008 (2) BBCJ 642. In the said case it has been observed as follows: