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SUDHIR SINGH, SHAILENDRA SINGH
Lallan Chouhan – Appellant
Versus
State of Bihar – Respondent
ORDER
Sudhir Singh, J. – The petitioner in the present habeas corpus writ application prays for the following reliefs: –
^^(i) ukjnhxat Fkkuk dk.M la[;k 49/2022/P.T.N.-705/2022, èkkjk-8(b)(c), 20(9) (b) N.D.P.S. ,DV] 1985 esa ikfjr ekuuh; l= U;k;k/kh'k uoknk dk vkns'k fnukad 4-11-2022 dks voSèk ?kksf"kr fd;k tk;] ftlds }kjk vkosnd dh fxjrkjh dks fnukad 17-11-2022 rd vkxs cढ+k;h xbZ gSA
(ii) rnuqlkj] ukjnhxat Fkkuk dk.M la[;k 49/2022 P.T.N.- 705/2022 esa vkosnd dks dkjkxkj ds fujks/k ls Lora= djus dk vkns'k ikfjr fd;k tk;A
(iii) dksbZ vU; vkns'k@funs'k@fjV tks vkosnd ds ekSfyd vf/kdkjksa dk izR;kofrZr djus ds fy, vko';d gks] mls ikfjr fd;k tk;sA
2. From perusal of the aforesaid reliefs sought for in the present habeas corpus writ application, it appears that the petitioner intends to challenge the order dated 04.11.2022 passed by the Court of Sessions Judge, Nawada in connection with Nardiganj P.S. Case No.49 of 2022 and declare the same to be illegal, by virtue of which the petitioner has been remanded to judicial custody till 17.11.2022. The petitioner, in consequence of the aforesaid relief, further prays for his release from the undergoing detention in connection with the present
A writ of habeas corpus is not maintainable if the petitioner is in judicial custody under valid remand orders, and issues regarding the legality of arrest must be raised at the time of remand.
Point of law : Where the custody of the petitioner corpus as been handed over as per a judicial order passed a Judicial Magistrate or a court of competent jurisdiction or a CWC constituted under the ....
The rejection of a bail application and the lack of challenge to a judicial remand order render a habeas corpus petition unsustainable.
The main legal point established in the judgment is the requirement of a valid remand order under CrPC 167 and 309 to maintain the legality of the custody and the continuity of custody with the court....
The requirement to provide written grounds for arrest is a constitutional mandate; failing this renders the arrest and consequent remand illegal, entitling the individual to immediate release.
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