PAWAN KUMAR JAISWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is a writ petition for release of the petitioner from judicial custody in G.R. Case No. 1/99, arising out of Bairgania P.S. Case No. 1/99, currently pending in the Court of the Chief Judicial Magistrate, Sitamarhi, on the ground that his continued detention with effect from 31.3.99 is in the teeth of the provisions of Section 309(2) of the Criminal Procedure Code, 1973 (hereinafter referred to as 'the Code').

(2.) MR . Prasoon Sinha, learned Counsel for the petitioner, submitted that the present petitioner is a named accused in Bairgania P.S. Case No. 1/99, wherein allegations have been levelled against the petitioner and others under Sections 364, 323 and 307, read with Section 34 of the, I.P.C., as well as Section 27 of the Arms Act. The same was started on the basis of the information of one Rina Devi, recorded on 1.1.99 with the Bairgania Police Station. In view of the issue arising in the writ petition, there is no need to go into the allegations set out in the FIR, a copy of which is marked Annexure -1 to the writ petition.

(3.) ON these facts, the learned Counsel for the petitioner submitted that once the charge -sheet was submitted against the petitioner, he could not have been remanded to custody without taking cognizance. He has relied on a Division Bench judgment of this Court reported in 1998, Vol. 1, PLJR 782 (H.C.) S.K. Lal v. Lain Prasad. He has also relied on an unreported judgment of Division Bench of this Court, passed in Cr. WJC No. 164 of 1999 on 24.3.99 Magni Mahto @ Rajesh Mahto v. State of Bihar, a copy of which is marked Annexure -3 to the writ petition.