IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.161 of 2009 ANIL KUMAR VERMA, son of Late Rameshwar klPrasad , R.O Mohalla Durga Asthan, P.s.Hilsa, distt-Nalanda.-- -Petitioner Versus 1. STATE OF BIHAR 2. The Districtr Magistrate, Patna 3. The Superintendent, Kendriyha Adarsh Jail, Beur, Patna. Respondents. ----------- For the petitioner : Mr. R.K.Rajan For the State : AC to AAG VI ----- 2. 18.2.2009. This application has been filed for issuance of a writ in the nature of habeas corpus for a declaration that the detention of the petitioner in Complaint Case No.2632 ©/2005 pending in the court of the Judicial Magistrate, Patna is illegal. Mr. R.K.Ranjan appears on behalf of the petitioner. State is represented by AC to AAG- VI. It is the stand of the petitioner that his detention is illegal as he had already undergone detention for a period extending to half of the maximum of period of imprisonment of the offence for which he has been put on trial. We are of the opinion that this itself shall not render the detention of the petitioner as illegal. Proviso (1) to Section 436A of the Code of Criminal Procedure confers jurisdiction 2 on the court for continued detention of an accused for a period longer than half of the period of sentence. Accordingly, the prayer of the petitioner for issuance of a writ in the nature of habeas corpus is absolutely misconceived. It is the grievance of the petitioner that his application for grant of bail in terms of Section 436A of the Code of Criminal Procedure has not yet been disposed of as the record of the case is lying with this Court in Cr.Misc.No.43621 of 2006. Let the lower court records be sent down immediately with a direction to the court, in seisin of the matter, to transmit it again after disposal of the application filed by the petitioner for grant of bail. Writ application stands dismissed with the direction aforesaid. ahk (C. K. Prasad,ACJ) (Dharnidhar Jha)