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2020 Supreme(Pat) 51

SANJAY KAROL, ANIL KUMAR UPADHYAY
Kundan Kumar – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Indradeo Prasad, Advocate Mr. Nagendra Kumar, Advocate, for the Appellant; Mr. Prabhat Kumar Verma, AAG-3, Mr. Saroj Kumar, AC to AAG-3, for the Respondent

JUDGMENT

(Per: Honourable The Chief Justice)

1. The issue, which arises for consideration before us, is as to whether, at this point in time, the petitioners detention in connection with Nardiganj P.S. Case No. 193 of 2017 dated 27.11.2017 for the offences punishable under Sections 364, 506/34 of the Indian Penal Code is illegal or not.

2. It is a matter of record that F.I.R. was registered on 27.11.2017.

3. According to the writ petitioner, who is accused in the said case, he is a victim of local politics. He is a man of means having roots in the society and was never called by the police in connection with the said F.I.R. It is only when he filed nomination for election to the local Co-operative Society, the police, under the influence of local politicians, arrested him on 17.11.2019.

4. Well, in this petition we need not go into such controversy, for what is required to be adjudicated is as to whether the petitioners detention post 17.11.2019 is illegal or not.

5. It is a matter of record that after his arrest on 17.11.2019, the petitioner was produced before the concerned Magistrate.

6. In order to satisfy ourselves with regard to the petitioners detention, we summoned the entir

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