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2002 Supreme(Pat) 552

T.P.SINGH, S.N.JHA
Shyam Chandra Chaudhary – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The maintainability matter has been put up for consideration. Heard counsel for the petitioner and Standing Counsel No. 8 for the State.

2. This writ petition has been filed seeking direction upon the respondent-authorities to release the petitioner from Bhagalpur Central Jail where he has been lodged on his conviction u/s. 302 of the Indian Penal Code, on the ground that he has suffered imprisonment for 14 years.

3. The office has objected to the maintainability of the case on the ground of lack of territorial jurisdiction. The petitioner has been convicted by a Sessions Court at Dumka. The territory comprising district Dumka being part of the Jharkhand State, under the territorial jurisdiction of the Jharkhand High Court, the question is whether Patna High Court can entertain the writ petition and issue mandamus as prayed for.

4. The only argument of the counsel for the petitioner in support of the maintainability of the case is that the petitioner is lodged in Bhagalpur Central Jail. Bhagalpur being part of the State of Bihar after division of the State under the Bihar Reorganisation Act, 2000 , the petition is maintainable. For that reason, the Jharkhand High Court c

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