S.J. Mukhopadhaya, J.

1. This writ petition has been preferred by the petitioner on 9th December, 2004, praying therein, for issuance of an appropriate writ/order/ direction from this Court, commanding upon the concerned respondent to release him from jail custody forthwith in connection with R.C. No. 8 (A) of 2004 (AHD-R), registered under Section 7 of the Prevention of Corruption Act, now pending in the Court of learned Special Judge, CBI, Dhanbad.

2. The main plea taken is that the detention of the petitioner in jail custody with effect from 20th September, 2004 is in the teeth of the provisions under Section 309(2) of the Code of Criminal Procedure, remand having been made even after the statutory period without taking cognizance.

3. The case of the prosecution is that one Sri S.N. Jha (complainant) submitted a complaint to the Central Bureau of Investigation (hereinafter to be referred as CBI) on 18th April, 2004 to the effect that the petitioner Shiv Kumar Gupta, Superintending Engineer (Civil), Chanch Victoria Area, BCCL, Barakar, Controlling Officer of the complainant, demanded an illegal gratification of Rs. 10,000. It has been stated that in September, 2002, one Sri Bal