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2000 Supreme(Pat) 273

BISHESHWAR PRASAD SINGH, ASOK KUMAR GANGULY
Sunil Singh Alias Captain Sunil – Appellant
Versus
State Of Bihar – Respondent


Judgment

B.P.SINGH, J.

1. The petitioners in these three writ petitions are the co-accused in connection with Gardanibagh (Shastri-nagar) P.S. Case No. 336/98. In the said case the Chief Judicial Magistrate took cognizance of offences under Ss. 302, 307, 379, 359, 339 and 120-B of the Indian Penal Code as also under S. 27 of the Arms Act, After taking cognizance the case records were transferred to the Court of Sri B. K. Tiwary, Judicial Magistrate, Ist Class, Patna for commitment. In these writ petitions the prayer of the petitioners is that this Court should direct their release on the ground that in the absence of any valid order of remand their detention in judicial custody was illegal. It is their case that for months together they have never been produced before the concerned Magistrate, nor has any valid order of remand been passed authorising their detention in jail in judicial custody.

2. The representative facts may be taken from Cr. W.J.C. No. 574/99, Petitioner Sunil Singh alias Captain Sunil was initially arrested in connection with Gardanibagh P.S. Case No. 47 of 1999 and under the orders of the Chief Judicial Magistrate, Patna, he was remanded to judicial custody and



























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