Patna High CourtCR. WJC/1229/2018disposed

Amrendra Rai v. The State Of Bihar Through The Principal Secretary, Department Of Home, Govt. Of Bihar, Main Secret

2018-05-04Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1229 of 2018 ======================================================

1. Amrendra Rai, Son of Late Chandradeo Rai, Resident of Village & P.S.- Kurshandi, Block- Puraini, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar Through The Principal Secretary, Department of Home, Govt. of Bihar, Main Secretariat, Patna.

2. The Principal Secretary, Department of Home, Govt. of Bihar, Main Secretariat, Patna.

3. The Superintendent of Police, Madhepura.

4. The Officer in Charge Puraini, Madhepura.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Mishra For the Respondent/s : Mr. Prabhat Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-05-2018 Heard the parties.

Attention of this Court has been drawn towards Annexure-3, i.e. the order dated 15.02.2018 passed by the learned Sessions Judge, Madhepura in Cr. Revision No. 178/2017. A perusal of the said order would show that the learned Sessions Judge has already set aside the order passed by the learned Judicial Magistrate, 1st Class rejecting the application of the petitioner and others for release of the wood in question. A direction has been issued to the learned Judicial Magistrate 1st Class to proceed further in order to consider the applications.

Patna High Court Cr. WJC No.1229 of 2018 (2) dt.04-05-2018 2/2 I do not find any illegality in the order passed by the learned Sessions Judge, Madhepura.

Let the Judicial Magistrate 1st Class, Madhepura, in whose court the case is pending, proceed with the matter, take evidence and consider the applications for release on such terms and conditions as learned Magistrate deems fit and proper in the facts and circumstances of the case and in accordance with law within a period of three months from the date of receipt/production of a copy of this order.

The application stands disposed of.

(Rajeev Ranjan Prasad, J.) Rakhi U T