SAURABH KUMAR THROUGH HIS FATHER versus JAILOR, KONEILA JAIL & ANR.

SAURABH KUMAR THROUGH HIS FATHER versus JAILOR, KONEILA JAIL & ANR.

The petitioner is in judicial custody by virtue of an order passed by the Judicial Magistrate after his arrest in a criminal case; therefore, the custody is not illegal and relief of habeas corpus cannot be granted by the Supreme Court.

Parties
Petitioner: Saurabh Kumar through his father; Respondent: Jailor, Koneila Jail; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
22 July 2014
Procedural Posture
Writ Petition (criminal) / Final Judgment
Outcome
Writ petition and connected criminal miscellaneous petitions dismissed; petitioner at liberty to seek bail before competent criminal court.
Legal Topics
Habeas Corpus, Illegal Detention, Bail, Judicial Remand
Criminal Law Constitutional Law Habeas Corpus Illegal Detention Bail Judicial Remand

Case Brief

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Parties

Saurabh Kumar through his father

Petitioner

Jailor, Koneila Jail

Respondent

State of Bihar

Respondent

Procedural Posture

Writ Petition (criminal) / Final Judgment

Legal Issues

  1. 1 Whether the petitioner is in illegal custody so as to warrant the issue of a writ of habeas corpus

Ratio Decidendi

The petitioner is in judicial custody by virtue of an order passed by the Judicial Magistrate after his arrest in a criminal case; therefore, the custody is not illegal and relief of habeas corpus cannot be granted by the Supreme Court.

Court Disposition

Writ petition and connected criminal miscellaneous petitions dismissed; petitioner at liberty to seek bail before competent criminal court.

Orders

  • Petitioner at liberty to make application for bail in Criminal Case No. 129/13 before Additional Chief Judicial Magistrate, Dalsingsarai, District Samastipur, Bihar.
  • Criminal Miscellaneous Petitions seeking unrelated reliefs also dismissed.