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Patna High Court

Manjoo DeviversusThe State of Bihar Through the Principal Secertary, Deptt. of Home, Govt. of Bihar, Patna, Bihar.

Decided
Disposal
DISMISSED

Holding

The court held that the order of judicial custody was valid, cannot be challenged by a writ of habeas corpus, and therefore the petition was dismissed.

Summary

Manjoo Devi filed a writ of habeas corpus alleging that her husband, Lal Babu Rajak, was illegally detained in Special Central Jail after being arrested under Section 7(a) of the Prevention of Corruption Act, 1988. She claimed violations of Article 22(1) and 22(2) of the Constitution because the grounds of arrest were not provided promptly and he was not produced before a magistrate within 24 hours, and that an unauthorized clerk had authorized his judicial custody without recording reasons. The High Court examined the trap operation, the FIR, and the documents presented before the Special Judge, finding that the custody was authorized by the Special Judge and not by an illegal clerk. The Court relied on precedents that orders of remand by a judicial magistrate cannot be challenged by a writ of habeas corpus and must be reviewed through appropriate revision. Since the husband had already been released on bail and no illegal detention was established, the writ petition was dismissed.

Issues considered

  • Whether the arrest and detention of the petitioner’s husband violated Article 22(1) and 22(2) of the Constitution of India.
  • Whether the order of judicial custody/remand can be challenged and set aside by a writ of habeas corpus.
  • Whether the alleged authorization of custody by an office clerk renders the detention illegal.

Legislation cited

Subjects

  • habeas corpus
  • illegal detention
  • Article 22
  • Prevention of Corruption Act
  • judicial custody
  • remand
  • bail
  • trap operation
  • vigilance investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.1174 of 2026
                       Arising Out of PS. Case No.-45 Year-2026 Thana- VIGILANCE District- Patna
                 ======================================================
                 Manjoo Devi W/o Lal Babu Rajak Resident of Sipahi Tola Baxa Ghat Road,
                 Gali No. 3, P.S- K.Hat, District- Purnea. Bihar 854301
                                                                                ... ... Petitioner
                                                      Versus
           1.     The State of Bihar through the Principal Secretary, Deptt. of Home, Govt. of
                  Bihar, Patna, Bihar.
           2.    The Directorate General of Police, Govt. of Bihar, Patna, Bihar.
           3.    The Vigilance Deptt., Patna, Bihar.
           4.    Additional Chief Secretary, Vigilance Department.
           5.    D.G. Vigilance Investigation Bureau
           6.    Deputy Superintendent of Police cum Investigator, Vigilance Investigation
                 Bureau
           7.    Superintendent Special Central Jail, Bhagalpur, Bihar.
           8.    The SHO, Sadar P.S. Purnea, Bihar
                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Sujit Kumar, Advocate
                 For the State           :        Mr. S.D. Sanjay, A.G.
                                                  Ms. Priya Gupta, AC to AG
                                                  Mr. Lokesh Kumar, Advocate
                 For the Vigilance       :        Mr. Anil Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE KUMAR MANISH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

4   01-07-2026                  Heard learned counsel for the petitioner, learned

                   Advocate General for the State and Mr. Anil Singh, learned

                   counsel for the Vigilance Investigation Bureau.

                                2. This writ application seems to have been preferred

                   for issuance of a Writ in the nature of Habeas Corpus. In

                   paragraph ‘1’ of the writ application, this Court finds the
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          following statements:-

                             “1. That this criminal writ application is being
                             filed for the issuance of writ of habeas corpus,
                             directions especially against respondent 3 the
                             Vigilance      Department,     Patna   Bihar     and
                             respondent 5 D.G. Vigilance Investigation Bureau
                             for the illegal detention of the petitioner's husband
                             in Special Central Jail, Bhagalpur. The petitioner's
                             husband has been arrested in connection with the
                             Vigilance P.S. Patna FIR No. 45/2026 in a case
                             instituted under section 7(a) of the Prevention of
                             Corruption Act 1988. The arrest of the petitioner's
                             husband is violative of article 22(1) of the
                             Constitution of India for the failure to inform the
                             grounds of arrest in writing as soon as may be and
                             the right to consult an advocate of his choice. The
                             grounds of arrest in writing were handed over to
                             the petitioner's husband after nearly eight hours of
                             the arrest and that too after a continuous
                             insistence by the family members of the
                             petitioner's husband. The petitioner's husband was
                             also not produced before the nearest magistrate
                             within 24 hours defeating the constitutional
                             mandate under Article 22(2) of the Constitution of
                             India. Furthermore, the effective production of the
                             petitioner's husband happened before the office
                             clerk where the entire offense, pre-trap and post
                             trap memorandum was read by the trap laying
                             officer. The magistrate (Additional District and
                             Sessions Judge II cum Special Judge Vigilance)
                             has not ascertained if the arrest of the petitioner's
                             husband is in compliance with article 22 of the
                             Constitution of India. Above all, the magistrate
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                             (Additional District and Sessions Judge II cum
                             Special Judge Vigilance) has illegally authorized
                             the office clerk to sign on the custody application
                             and grant custody. No reasons have been recorded
                             for the grant of custody ostensibly because the
                             entire production happened before the office
                             clerk.”


                       3. In the prayer portion of the writ application, the

          following relief has been prayed for:-

                                 “It is, therefore, prayed that this Hon’ble Court
                                 may graciously be pleased to issue a writ of
                                 habeas corpus or any other relief(s) which the
                                 Hon’ble Court deems fit to release the
                                 petitioner’s husband forthwith from illegal
                                 detention.”


                       4. It appears from the narration of facts that pursuant

          to a complaint made by one Suraj Sahni at the Vigilance

          Investigation Bureau, a first information report giving rise to

          FIR No. 45/2026 dated 16.04.2026 was registered. Allegation

          against the petitioner’s husband is that he had demanded a sum

          of Rs.50,000/- for getting a work done regarding the land of the

          complainant which is situated in Circle- Purnia East, Mauja-

          Hasda, Khata No. 232, Khesra No. 770. On receipt of the

          complaint, the Vigilance Investigation Bureau decided to

          arrange a pre-trap procedure, a Constable was designated to be
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          the trap/shadow witness to verify whether the demand was made

          by the petitioner’s husband. On receipt of information, the

          complainant was fitted with an audio recorder to record the

          conversation between the complainant and the petitioner’s

          husband. A trap was led down in the premises of the Circle

          Office, Purnia, East. It is stated that the petitioner’s husband

          directed the complainant to give the money to another co-

          accused who worked as a private worker in the Circle Office. In

          the post-trap memorandum, the tainted money has been

          recovered from the purse of the co-accused.

                       5. The petitioner submits that the judicial custody of

          the petitioner’s husband was wholly illegal as according to him,

          the custody application of the petitioner’s husband had been

          signed by the Office Clerk, illegally authorized by the

          Magistrate (Additional District and Sessions Judge-II-cum-

          Special Judge, Vigilance). It is submitted that this petition was

          raised during the bail hearing of the petitioner’s husband but this

          issue was not taken up for consideration.

                       6. Learned counsel for the petitioner submits that the

          Magistrate who authorized the judicial custody of the husband

          of the petitioner failed to record reasons for grant of judicial

          custody. Thus, it was not effective production before the
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          Magistrate. Violation of the judgment of the Hon’ble Supreme

          Court in case of Arnesh Kumar Vs. State of Bihar and

          Another reported in (2014) 8 SCC 273 has been alleged.

                       7. Learned counsel for the petitioner submits that no

          doubt, the petitioner’s husband has already been released by

          virtue of bail granted to him by a court of competent jurisdiction

          but this Court is required to adjudicate at this stage the

          contention of the petitioner that the arrest of her husband was

          illegal.

                       8. A counter affidavit has been filed on behalf of the

          Vigilance Investigation Bureau which has been sworn by the

          Inspector of Police-cum-Investigator. It is stated in the counter

          affidavit that the FIR was registered on the basis of a

          verification report and the complaint itself against Sri Lal Babu

          Rajak then posted at Circle Office, Purnea East Circle, District-

          Purnea under Section 7(a) of the Prevention of Corruption Act,

          1988 (as amended up to date). The facts leading to the trap have

          been stated in the counter affidavit. It is stated that on the

          direction of the accused Lal Babu Rajak, the co-accused Smt.

          Rumi Kundu (personal assistant of the accused) accepted the

          bribe money from Smt. Lalita Devi, wife of the complainant

          who was also present at the spot. The accused persons were
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          formally arrested at 20:30 Hours on 17.04.2026. All the

          procedures of search and seizure were video-graphed.

          Thereafter, the post-trap memorandum was drawn up which was

          signed by the independent witnesses and the complainant. A

          copy of the post-trap memorandum was provided to each of the

          accused persons at Circuit House, Purnia and information was

          given to their relatives via phone and information was also

          given to the local police station.

                       9. It is further stated that in course of investigation,

          after seeking permission from the learned Special Court

          (Vigilance), Bhagalpur, the experts of Vigilance Investigation

          Bureau, Patna went to Central Jail, Bhagalpur to take voice

          sample of the accused Lal Babu Rajak in order to match his

          voice with the voice captured in recorded conversation, but the

          accused deliberately refused in writing to give his voice sample.

          Prosecution sanction against the accused has also been accorded

          and a chargesheet has been filed against the accused Lal Babu

          Rajak and the co-accused Smt. Rumi Kundu.

                       10. Learned counsel for the Vigilance Investigation

          Bureau has further submitted that the husband of the petitioner

          has been granted bail by this Court on 23 rd June, 2026 in

          Criminal Miscellaneous No. 39855 of 2026. The fact that the
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          husband of the petitioner has already been released on bail has

          been admitted by learned counsel for the petitioner.

                       11. The fact that the husband of the petitioner was

          arrested by police after verification of the complaint followed

          by the trap and then he was produced before the learned Special

          Court has not been denied. The contention of learned counsel

          for the petitioner is that an unauthorized Clerk had authorized

          the detention of the husband of the petitioner but on perusal of

          Annexure ‘P/1’ to the writ application, we find that the husband

          of the petitioner was produced before the learned Special Judge

          with a number of documents which are enlisted from Serial Nos.

          1 to 11 in the forwarding letter issued under signature of the

          Deputy Superintendent of Police-cum-Investigating Officer,

          Vigilance Investigation Bureau, Patna. In the margin portion of

          the said forwarding letter, the learned Special Judge seems to

          have endorsed ‘Permitted’ after recording ‘Seen’. The

          ordersheet of the court of that day has not been produced before

          this Court but this much is evident on perusal of Annexure ‘P/1’

          that the detention has not been authorized by any illegal clerk as

          claimed by the petitioner. The documents produced before the

          learned Special Judge includes the verification report and the

          audio recordings etc. There is no contest by the petitioner that
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          these documents which are shown in the forwarding letter form

          part of the records placed before the learned Special Judge for

          purpose of the judicial custody of the husband of the petitioner.

          In such circumstance, it cannot be said that the judicial custody

          of the husband of the petitioner was authorized by an illegal

          person. The submission is liable to be rejected.

                       12. It is also a matter of record that the order

          remanding the husband of the petitioner to judicial custody has

          not been challenged by the petitioner or her husband.

                       13. In the case of Shikha Kumari Vs. The State of

          Bihar and Others reported in 2020 SCC OnLine Pat 4605an

          Hon’ble Full Bench of this Court had occasion to consider as to

          whether an order of remand may be challenged by way of a writ

          of Habeas Corpus. The Hon’ble Full Bench opined in its

          judgment as under:-

                               “68. We, accordingly, sum up our conclusions in
                               respect of the first three issues for determination as
                               follows:—
                                    Question No. 1 : “Whether, in a petition for
                               issuance of writ of habeas corpus, an order passed
                               by a Magistrate could be assailed and set-aside?”
                                    Answer : Our irresistible conclusion in view of
                               the ratio laid down by the Supreme Court in the
                               aforementioned cases is that a writ of habeas
                               corpus would not be maintainable, if the detention
                               in custody is as per judicial orders passed by a
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                               Judicial Magistrate or a court of competent
                               jurisdiction. Consequently an order of remand
                               passed by a Judicial Magistrate having competent
                               jurisdiction cannot be assailed or set aside in a writ
                               of habeas corpus.
                                    Question No. 2 : “Whether an order of remand
                               passed by a Judicial Magistrate could be reviewed
                               in a petition seeking the writ of habeas corpus,
                               holding such order of remand to be an illegal
                               detention?”
                                         Answer : An illegal or irregular exercise of
                               jurisdiction by a Magistrate passing an order of
                               remand can be cured by way of challenging the
                               legality, validity and correctness of the order by
                               filing     appropriate       proceedings   before   the
                               competent revisional or appellate court under the
                               statutory provisions of law. Such an order of
                               remand passed by a Judicial Magistrate of
                               competent jurisdiction cannot be reviewed in a
                               petition seeking the writ of habeas corpus.
                                     Question No. 3 : “Whether an improper order
                               could be termed/viewed as an illegal detention?”
                                        Answer : In view of the clear, unambiguous
                               and consistent view of the Supreme Court in the
                               aforediscussed cases, we unhesitatingly conclude
                               and hold that an illegal order of judicial remand
                               cannot be termed/viewed as an illegal detention.”


                       14.    In    the     case     of      Sachidanand       Sah       @

          Sachchidanand Sah Vs. The State of Bihar and Others

          reported in 2022 (1) PLJR 78, this Court was dealing with an

          application seeking writ in the nature of Writ of Habeas Corpus.
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          This Court having considered the scope and ambit of a writ in

          the nature of a Writ of Habeas Corpus has recorded as under:-

                               “20. In a criminal investigation, what action
                               should have been taken by the police cannot be
                               a matter of habeas corpus because it is not the
                               case of the petitioner that his daughter has
                               wrongfully been confined by police. Moreover,
                               it is a settled position in law that investigation
                               of a cognizable case is the sole domain of the
                               police. At this stage, the Court has no role to
                               play.
                               21. In the instant case, the writ of habeas
                               corpus cannot be issued because the writ of
                               habeas corpus is festinum remedium and the
                               power can only be exercised in a clear case.”


                       15.    Having       regard     to    the   entire   facts    and

          circumstances of the case and the fact that the husband of the

          petitioner has already been released on bail, this Court finds no

          reason to entertain the present writ petition. It is dismissed

          accordingly.

                       16. Before this Court parts with the judgment, the

          Court is constrained to record that the young lawyer for the

          petitioner kept on arguing and arguing the matter saying that the

          law is settled and there are several judgments of the Court. The

          lawyer did not bring a single judgment in the Court room, he did

          not give any list of books or list of judgments to the Bench and
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                    even in presence of the learned Advocate General and learned

                    counsel for the Vigilance Investigation Bureau, he was unable to

                    give the official citation of one judgment, he was not even

                    carrying two copies of the judgment which he was citing,

                    perhaps from an unofficial report.

                                 17. We have tried to impress upon the learned counsel

                    to learn the profession with more sincerity and in future,

                    whenever he wants to rely upon any judgment of any Court of

                    Law, he should not only make available list of books in advance

                    to the Bench but should also be prepared with the books in hand

                    or in soft copies, if he wants to share the same on the screen but

                    in case, he wants to rely upon any unofficial report, it is

                    expected that he should carry at least two copies of the

                    judgment and provide the same to the Judges. In fact, this

                    practice is required to be followed at the Bar. We record it for

                    the future purposes.

                                 18. The writ application is dismissed.



                                          (Rajeev Ranjan Prasad, J)


                                               (Kumar Manish, J)
lekhi/-
AFR

U


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