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1997 Supreme(Pat) 97

M.Y.EQBAL
K. M. Prasad – Appellant
Versus
State Of Bihar – Respondent


Judgment

M.Y.Eqbal, J.

1. In this application filed under Sec. 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of the order dated 26-11-1996 passed by Special Judge, C.B.I. Patna where by and whereunder the petitioner has been remanded into judicial custody under the provision of Sec. 167 of the Code in Special Case No. 22 of 1996 and for release of the petitioner from custody in the aforesaid case. The petitioner also seeks a declaration that the modus operand adopted by the Central Bureau of Investigation of arresting and seeking remand of the petitioner in only one case out of several special cases, in which he figures as an accused at a time, relating to Animal Husbandry Scam and only upon near completion of the statutory period of 90 days of custody in that case arresting afresh the petitioner and seeking his remand under Section 167 of the Code in the second case and again repeating the process near completion of 90 days of confinement is an abuse and misuse of the power conferred by Sec. 167 of the Code and is also violative of the guaranteed right of the petitioner, under Article 21 of the Constitution of India.

2. The petitioner is accused in a

















































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