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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Lallan Kumar Yadav Son of Dashrath Prasad Yadav – Appellant
Versus
State of Bihar, through its additional Chief Secretary, Home Department, Government of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. petitioner's illegal detention claim. (Para 1) |
| 2. arguments about the legality of detention and arrest. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. court's observations on the case and judicial compliance. (Para 9 , 10 , 11 , 12 , 14 , 17) |
| 4. dismissal of the petition. (Para 13) |
| 5. ratio decidendi relating to police and magistrate conduct. (Para 15 , 16) |
JUDGMENT :
JITENDRA KUMAR, J.
1. The present writ petition has been preferred by the petitioner for declaration of detention of the petitioner by Sonepur Police Station for three days i.e. from 30.07.2020 to 01.08.2020 as illegal. The petitioner is further seeking compensation on account of illegal detention.
2. Heard learned counsel for the petitioner and learned counsel for the State.
3. Learned counsel for the petitioner submits that without any FIR or any legal justification, the petitioner was kept in illegal custody for three days i.e. from 30.07.2020 to 01.08.2020 by Sonepur Police Station. He further submits that the FIR bearing Sonepur P.S. Case No. 574 of 2020 was registered on 01.08.2020, but the petitioner was taken to custody since 30.07.2020 itself and thereafter, he was produced before learned Judicial Magistrate on 02
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