Patna High Court
Birendra Kazi @ Birendra Kumar vs The State Of Bihar Through ... on 19 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.410 of 2020
Arising Out of PS. Case No.-551 Year-2013 Thana- CIVIL LINE District- Gaya
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Birendra Kazi @ Birendra Kumar, Son of Bhup Narayan Kazi, Resident of
Village-Bairiya Khurd, P.S-Laukariya, District-West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar Through Inspector General of Police (Prison) Govt. of
Bihar, Patna.
2. The Superintendent Central Jail Gaya, P.S. Gaya, District-Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar, Advocate
For the Respondent/s : Mr. Prabhu Narayan Sharma, AC to AG
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 19-03-2021
Petitioner has prayed for the following relief(s):
"That the petitioner above named is filing
the present writ of Habeas Corpus seeking a
direction specially to respondent no.2 to release
him in accordance with the order dated
02.09.2020 passed by this Hon'ble Court in Cr.
Misc. No. 21685/2020 pursuant there to release
order issued on 19.09.2020 by the learned
A.C.J.M. 13 Gaya after accepting his bail bond
on 18.09.2020 furnished by him in connection
with Gaya Civil Lines P.S. Case No. 551/2013
registered u/s 406,420,467,468,417,120B/34
I.P.C. against him and eleven others in which he
Patna High Court CR. WJC No.410 of 2020 dt.19-03-2021
is incarcerated in Judicial Custody since
29.12.2014 and for issuance of any other
order/orders writ/writs for which the petitioner
is found entitled in the facts and circumstances
of the case."
Having heard learned counsel for the parties, we
are satisfied that the petitioner's detention, pursuant to the
directions issued by this Court vide order dated 02.09.2020
passed in Cr. Misc. No. 21685 of 2020, titled as Birendra Kazi
@ Birendra Kumar Vs. the State of Bihar, cannot be said to be
illegal, for as is evident from supplementary counter affidavit
filed on behalf of respondent no.2, namely Superintendent,
Central Jail, Gaya, petitioner is involved in multiple cases in
which different orders of remand were issued by the Court
having competent jurisdiction. One such order of remand was
issued on 30th of January, 2019 by the Court having competent
jurisdiction at district Patna and the other order was issued on
17th of February, 2021 by the Court having competent
jurisdiction at district Sitamarhi.
Importantly, the bail order dated 02.09.2020 passed
in Cr. Misc. No. 21685 of 2020, titled as Birendra Kazi @
Birendra Kumar Vs. the State of Bihar does not pertain to any
one of the cases in which such order of remand stood issued by
the Court having competent jurisdiction either at Patna district
Patna High Court CR. WJC No.410 of 2020 dt.19-03-2021
or at Sitamarhi district.
As per the counter affidavit, the petitioner was
involved in more than four cases, in which different orders of
remand were passed.
As such, the present petition, devoid of merit,
stands dismissed.
Interlocutory Application(s), if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
(S. Kumar, J)
Amrendra/P.K.P/
AFR/NAFR
CAV DATE
Uploading Date 23.03.2021
Transmission Date
