IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.383 of 2010 AJAY KUMAR PRASAD, S/o Late Baleshwar Prasad, r/o near Digha Biscuit Factory, P.S. Digha, Town and District- Patna. .... Petitioner. Versus THE STATE OF BIHAR, through Vigilance Investigation Bureau. .... Respondent. ----------- 03- 17.5.2010 Heard Mr. Bhashkar Shankar for the petitioner, and Mr. Arvind Kumar, learned Special Public Prosecutor (Vigilance). This writ petition has been preferred for the petitioner’s release from judicial custody because his remand is in violation of the mandatory provisions of section 309 of the Code of Criminal Procedure. By order dated 23.4.2010, we had called for a report from the learned trial court as to the circumstances in which the remand had taken place. The report dated 12.5.2010 has since been received, wherein it is stated that, on account of bona-fide error on 6.4.2010, the petitioner’s remand had exceeded a period of fifteen days. He has submitted his unconditional and unqualified apology that he shall not repeat it in future. 2 In that view of the matter, this writ petition is disposed of with the direction to the learned trial court to keep in mind the provisions of section 309 of the Code of Criminal Procedure and the allied provisions. 3. The writ petition is accordingly disposed of. (S K Katriar, J.) (Kishore K. Mandal, J.) S.K.Pathak/