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1999 Supreme(Pat) 209

A.K.PRASAD, R.A.SHARMA
Hari Om Prasad – Appellant
Versus
State Of Bihar – Respondent


Judgment

A.K.PRASAD , J.

1. By this petition of habeas corpus the petitioner, who is confined in jail at Sakchi, Jamshedpur, in Sessions Trial No. 115/98, arising out of Sonari P.S. Case No. 66/97, pending on the file of 3rd Addl. Sessions Judge, Jamshedpur under Ss. 302/34 and 120-B, of the I.P.C. and under S. 27 of the Arms Act, seeks his release on the ground that his detention is illegal and not authorised by any proper order of remand in the case.

2. The essential facts giving rise to the writ petition lie in a small compass and are these :-

The petitioner was produced after arrest before the Chief Judicial Magistrate, Jamshedpur in Sonari P.S. Case No. 66/97 and he was remanded to jail custody on 3-7-1997. The case was ultimately committed to the Court of Session on 7-4-1998 by the C.J.M., Jamshedpur (vide Annexure-1 to the writ petition and Annexure-3 to the supplementary affidavit). It is alleged in the writ petition that at the time of commitment no order was passed by the C.J.M. authorising his further detention and custody in jail in the case which is illegal, unconstitutional and in violation of the provisions of law. It is further alleged in the writ petition that Sessi



















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