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IN THE HIGH COURT OF JUDICATURE AT PATNA
SUDHIR SINGH, RAJESH KUMAR VERMA
Prem Shankar Jha S/o Late Kedar Nath Jha – Appellant
Versus
State of Bihar through the Principal Secretary, Home Department, Government of Bihar, Patna – Respondent
JUDGMENT :
SUDHIR SINGH, J.
1. Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The present writ petition, in the nature of Habeas Corpus, has been preferred seeking the following reliefs:-
“ Present application is being filed to issue a writ in the nature of habeas corpus for issuance of a direction to the respondents authorities to release the petitioner from illegal custody in connection with Benta P.S.Case No. 133 of 2025 dated 06.08.2025 corresponding to G.R. No. 3387 of 2025 registered for offences under section 103, 61 and 3(5) of Bharatiya Nyaya Sanhita, 2023 and section 25(1-b)a, 26 and 27 of Arms Act as the custody of petitioner is completely illegal under provision 46(2) 47 and 58 of Bhartiya Nagrik Suraksha Sanhita 2023, and Article 21 and 22(1) of the Constitution of India and further be pleased to issue a writ in the nature of certiorari to quash the order dated 12.08.2025 passed by learned Chief Judicial Magistrate, Darbhanga by which the learned Court below without seeing the provision as mentioned above, send the petitioner in judicial custody and as such the custody of petitioner is completely, unjustified and clearly violation of p
A writ of habeas corpus cannot be granted if detention is legally sanctioned; procedural delays due to valid medical conditions do not render custody illegal.
The detention of an individual beyond 24 hours without being produced before a Magistrate violates Article 22(2) of the Constitution, rendering the arrest illegal.
Detention is unlawful if not presented before the nearest Magistrate within 24 hours of arrest, but subsequent valid remands under different provisions can negate initial illegalities.
Failure to produce arrested individuals before the nearest Magistrate within 24 hours constitutes illegal detention, impacting subsequent remand validity.
The principle that personal liberty cannot be infringed without lawful authority, and that once bail is granted, an individual cannot be detained without a valid order.
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.
Habeas Corpus petition - Cheating - Bail - Section 270 of Cr.P.C. directs Court to return prisoners to prison from where he was brought for his production. Therefore even now, considering fact that p....
Arrest must be recognized from when an individual's liberty is restrained, and failure to produce before a magistrate within 24 hours constitutes illegal detention under constitutional provisions.
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