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2024 Supreme(Pat) 938

IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI and S. B. PD. SINGH, JJ.
Cr. WJC No.2417 of 2024
(3.12.2024)
Anand Kumar Thakur ... Petitioner
vs.
State of Bihar & Ors. ... Respondents

Advocates:
For the Petitioner: M/s Nivedita Nirvikar, S. Adv., Shashi Priya.
For the Respondents: Mr. Prabhu Narayan Sharma, AC to AG.

Headnote:

Constitution of India – Article 22 – Illegal Detention – Petitioner was arrested on 24.10.2024, should have been produced before the jurisdictional Magistrate within 24 hours – On the other hand he was produced before the jurisdictional Judicial Magistrate on 26.10.2024 and he was remanded – The present habeas corpus petition could have examined if the petitioner had approached the court before his remand to judicial custody by jurisdictional Magistrate – An illegality (sic, was) committed by the police officials in not producing the petitioner before the petitioner before the jurisdictional Judicial Magistrate within 24 hours from the date and time of arrest – On the other hand, in view of the later development that he has been remanded to judicial custody on 26.10.2024 the petitioner cannot invoke habeas corpus petition. (Para 17)

Manoj Gupta @ Manoj Kumar Gupta Vs. State of U.P., decided on 28.03.2023 (AHC); Smt. T. Ramadevi Vs. State of Telangana (WP No. 21912 of 2024) decided on 26.09.2024; Smt. Rita Singh Vs. State of Bihar, 2005(1) PLJR 117; Serious Fraud Investigation Office Vs. Rahul Modi, (2019) 5 SCC 266; Shikha Kumari Vs. State of Bihar, 2020(2) PLJR 15; Sanjay Dutt Vs. State, (1994) 5 SCC 410; Kanu Sanyal Vs. District Magistrate, Darjeeling, (1973) 2 SCC 674 – Relied.

P. B. Bajanthri, J.—In the instant writ petition, petitioner has sought for the following relief(s):—

"(i) In the nature of Habeas Corpus directing the Respondents to produce the Petitioner before this Hon'ble Court who is illegally detained beyond 24 hours in connection with Haraiya P.S. Case No. 21/24 by the Respondent no. 7 and free him from illegal custody.

(ii) In the nature of Certiorari for setting aside the arrest memo issued against the Petitioner in connection with Haraiya P.S. Case No. 21/24, as the same is devoid of the constitutional mandate enshrined under Article 22(2) of the Constitution of India; and/or

(iii) In the nature of Mandamus directing/commanding the Respondents to the release the Petitioner forthwith in connection with Haraiya P.S. Case No. 21/24, as the Petitioner has illegally been detained and kept in police custody for more than 24 hrs without the authority of the concerned magistrate; and/or

(iv) In the nature of Mandamus directing/commanding the Respondents to compensate the Petitioner for the hardships suffered by him on account of illegal detention undergone violating the constitutional mandate; and/or

(v) For the grant of any relief for which the Petitioner is entitled in the fact and circumstances of the case."

2. The petitioner is in the business of sale and purchase of building materials under the name and style of Anand Enterprises located at Singhpur, Haraiya, Near-ICP, By-pass, Raxaul, Bihar with GST No. 10ASDPT5945Q1Z6.

3. The allegation is that the petitioner's GST number has been misutilized on 30.08.2024 to the extent of 'Vinzai Chemical Industries Pvt. Ltd.'. Such company has been booked for some materials through 'Sugam Parivahan Pvt. Ltd.' and it was required to be sent to the petitioner's firm and a person namely Ajay Singh was mentioned in the column of firm of the petitioner and petitioner was not aware of such person. Copy of the invoice dated 30.08.2024 is placed on record as Annexure-P-1.

4. The above alleged transaction was made known to the petitioner on 14.10.2024 and uncle of the petitioner approached Sugam Parivahan Pvt. Ltd. on e-mail to the extent that they are unable to approach the petitioner who has received delivery of goods and also raised query regarding fake booking of GST number of the petitioner.

5. On 23.10.2024, Haraiya P.S. Case No. 21/24 was registered under Section 318(4), 338, 336(3), 340(2), 61(2) of B.N.S. and Section 30(a), 41(1), 31, 33, 38 and 47 of Bihar Prohibition and Excise Act on the basis of typed statement of informant namely 'Anjan Kumar'. Resultantly, FIR was registered against the petitioner and nineteen others co-accused persons insofar alleged transportation, collected or stored and distributed prohibited spirit to make illegal wine and total 4,000 litres of spirit like liquid material which was stated to have been recovered from the open field situated in front of the Godown of the I.P. Road Lines and within the premises of I.P. Road Line on 22.10.2024 during the time of 10.03 P.M. to 11.20 P.M.

6. Petitioner uncle stated to have approached Superintendent of Police, East Champaran, Mothihari through email on 24.10.2024 relating to misutilization of GST number of the petitioner and he is facing atrocity. He has also filed one complaint on 24.10.2024 before S.H.O. Haraiya Police Station, East Champaran. He has also approached Deputy Commissioner of Sales Tax, Raxaul Circle, Bihar relating to misutilization of GST number on the same day.

7. The petitioner was arrested by the police on 24.10.2024 from his residence at about 1.10 A.M. but he was remanded to judicial custody on 26.10.2024. Thus, there is an delay of more than 24 hours insofar as producing the petitioner before the jurisdictional Magistrate and it is in violation of Section 87 and 187 of Bhartiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023').

8. In this backdrop, the present petition is filed to direct the respondents to produce the petitioner and to quash the arrest memo in

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