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2008 Supreme(Pat) 520

C.M.PRASAD, BARIN GHOSH
Mahesh Kumar – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. In the instant case the writ petitioner was arrested in connection with a criminal case on 19th February, 2008 at 1.30 P.M. As it appears from the counter affidavit filed to the present habeas corpus application filed by the petitioner, an attempt was made to produce the petitioner before the nearest Magistrate on 20th February, 2008. As appears from the counter affidavit, it is the contention of the respondents that due to traffic jam the attempt made to produce the petitioner before the Magistrate on 20th February, 2008 did not succeed. The petitioner was thereupon admittedly produced before the Magistrate on 21st February, 2008 when he was remanded.

2. From the aforesaid facts, it is crystal clear that despite efforts made with good intentions, the petitioner due to unfortunate traffic jam could not be produced before the Magistrate within 24 hours from the time of his arrest. In the instant writ petition, the petitioner is contending that continuation of such arrest being contrary to law, the same is per se illegal and a remand order passed thereon is also not sustainable and, accordingly, upon declaring the same to be as such, this Court shall pass a direction for r















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