IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46215 of 2008 RAJESH KUMAR MANJHI @ RAJESH MANJHI Versus STATE OF BIHAR ----------- 2. 18.12.2008 Heard Mr. Ashok Kumar, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. The petitioner is in custody in a case under section 392 of the Indian Penal Code since 14.8.2003 and which offence is shown by the Schedule of the Code of Criminal Procedure triable by a Magistrate of First Class. The custody period if computed could be over five years and the Magistrate of Ist Class could impose a sentence of imprisonment only of three years in case he could record a finding of guilt. I would be interested in knowing the names of the Magistrates who were seized with the case arising out of Civil Lines P.S. case no.175 of 2003 and accordingly, I direct the Registrar (Vigilance) of this Court to seek a report from the learned Sessions Judge, Gaya, and place it before me on my administrative side. I would also like to know from the presiding officer, F.T.C.- IV, Gaya, as to under what circumstances he did not release the petitioner who has already remained in custody for a period more than the sentence he could have been directed to serve and I could further wanted to know from him as to why he should not be held up for the act of incompetence and deliberate confinement of a person in custody and why he should not be directed to be proceeded against. - 2 - Let petitioner named above be released from custody on furnishing personal recognizance bond of Rs.500/- (Five hundred) without any surety to the satisfaction of Sri Anil Kumar, Judicial Magistrate, Ist Class, Gaya, in connection with Civil Line P.S. case no.175 of 2003 giving rise to Tr. No.710 of 2008. sudip ( Dharnidhar Jha,J )