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 Sec. 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 Sec. 34 of the, I.P.C., as well as Sec. 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. The police investigated into the allegations and submitted its charge-sheet on 31.3.99, along with the case diary, as is manifest from order dated 31.