IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.822 of 2011 Sri Dhirendra Kumar Singh s/o late Dashrath Singh, resident of Mahatma Gandhi Nagar, Kankarbagh, P.A. Agamkuan, District- Patna. Versus 1.The State Of Bihar through the Senior Superintendent of Police,Patna. 2. The Ciry Superintendent of Police(East),Patna. 3. Deputy Superintendent of Police, Patnacity. 4. The Officer-Incharge, Agamkuan Police Station,Patna. ---------------- 2 19.8.2011 The petitioner, by this writ application in the nature of habeas corpus, wants release of his son Barun Raj @ Sampy. The son of the petitioner does not appear to be a minor. He has been remanded to judicial custody in a case as registered. Learned counsel for the petitioner submits that his case is based on an alleged confession of the son of the petitioner, which has been illegally, under threat and coercion, obtained by the police to hide the real fact. Having considered the matter, in our view, the prayer for habeas corpus is fully misconceived. It may be that he is being falsely and wrongly implicated in a case but that, we are of the view, would be a matter of enquiry before the competent Criminal Court. He has been remanded by a competent court. The order may be wrong but the order cannot be said to be without jurisdiction. The petitioner or for that matter is an accused has remedy, as provided under the Code of Criminal Procedure as against the said judicial remand. There is no cause for invoking the writ jurisdiction of this Court. The application is accordingly dismissed. - 2 - We may, however, observe that any observation of this Court is only for the purposes of the relief of habeas corpus, as sought for. It would not prejudice the petitioner or his son in any other proceeding in any manner. singh (Navaniti Prasad Singh,J) (Ashwani Kumar Singh,J)