IN THE HIGH COURT OF JUDICATURE AT PATNA CR WJC No 870 of 2011 Amit Kumar @ Dablu, son of Sri Naresh Ram, resident of Red Cross Compound Quarters, Police Station – Gandhi Maidan, District – Patna - Petitioner Versus 1 The State of Bihar 2 The Principal Secretary, Department of Home Affairs, Bihar, Patna 3 The Director General of Police, Bihar, Patna 4 The Inspector General of Police, Patna Range, Patna 5 The Senior Superintendent of Police, Patna 6 The Superintendent of Police, Town – Patna 7 The Dy Superintendent of Police, Town – Patna 8 The Inspector of Police, Pirbahore Police Station, Patna- Respondents ----------- 2 06.09.2011 The petitioner alleges that he was taken into custody on 22.08.2011 in relation to Pirbahore Police Station Case No 204 dated 17.08.2011. He was forwarded and subsequently remanded to custody by Chief Judicial Magistrate, Patna by order dated 23.08.2011. He states that he has, accordingly, not been produced before the Magistrate within 24 hours and, as such, the remand order remanding him to custody, as passed by the Chief Judicial Magistrate, Patna, is illegal for which he has placed reliance on Division Bench judgment of this Court in the case of Mahesh Kumar –Versus- State of Bihar & Others since reported in 2008 (2) BLJ (PHC) 135. He submits that under the aforesaid circumstances, the remand being illegal, he is entitled to maintain this habeas corpus application. We are afraid, we are unable to accept this contention for the simple reason that it is well established that the validity of the detention is seen on the day when the writ petition is being disposed of. This day, it cannot the urged, that the petitioner’s 2 detention is illegal. He has been detained in judicial custody pursuant to an order of remand which exists in the learned Chief Judicial Magistrate in view of Section 167 of Criminal Procedure Code. That being so, we find no merit in this writ application. It is, accordingly, dismissed. M.E.H./ (Navaniti Prasad Singh) (Ashwani Kumar Singh)