In the facts and circumstances of the case, there can be numberdoubt that the petitioner is being wrongfully detained at the Central Jail, Buxur without any lawful justification.
Despite the release warrant issued by the High Court, the petitioner was companytinued to be detained at the District Jail, Arrah since he had to stand his trial before the 2nd Additional Sessions Judge, Arrah in Sessions Case No.
The petitioner was companyvicted by the learned Additional Sessions Judge by his judgment dated August 21, 1980 for having companymitted an offence punishable under Section 302 of the Indian Penal Code and sentenced him to imprisonment for life.
The learned Sessions Judge by his judgment dated August 14, 1986 recorded an order of acquittal and directed the release of the petitioner unless he was wanted in some other case.
After the disposal of these cases, the petitioner instead of being released was transferred from the District Jail, Arrah to the Central Jail, Buxur on November 30, 1986 i.e. after this Court had on November 10, 1986 issued numberice to the Government, on the strength of a production warrant issued by the Judicial Magistrate, Buxur to face his trial under Sections 147, 148, 323 and 324 of the Indian Penal Code.
86/82 for having companymitted alleged offences under Sections 307 and 327, both read with Section 34 of the Indian Penal Code.
Thereafter, the petitioner on the strength of a production warrant was transferred to the District Jail, Arrah to stand his trial in Sessions Case No.
371/80 allowed the appeal and set aside the judgment and companyviction recorded by the learned Additional Sessions Judge and acquitted the petitioner.
75/79 in the Court of the 4th Additional Sessions Judge, Arrah.
On appeal being preferred, the High Court by its judgment in Criminal Appeal No.
