IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.174 of 2009 Swami Nath Sahu s/o Late Sukhal Sah, r/o village Pagur Kothi, P.O. & P.S. Panchrukhi, Siwan ……… Petitioner Versus 1. The State Of Bihar through Chief Secretary, Govt. of Bihar, Old Secretariat, Patna 2. The Inspector General (Prison) Bihar, Patna 3. The D.M., Siwan 4. The S.P., Siwan 5. The Jail Superintendent Mandal Kara, Siwan 6. The District Cooperative Officer, Siwan-cum-Certificate Officer, Siwan 7. The Managing Director, the Siwan Central Cooperative Bank Ltd., Siwan …………. Respondents ----------- For the petitioner: Mr.Aditya Narain Singh, Advocate For the State: Government Pleader –XVI For the Bank : Mr. Udaychand Prasad, Advocate 2 17-3-2009 This writ petition is filed in the nature of habeas corpus. A Certificate Case No.1 of 2008 -09 was initiated against the petitioner because of some irregularity alleged to have been committed by him in respect of depositing certain amount with the Cooperative Bank, Siwan. Earlier when the petitioner approached this court, it was directed that the due amount of the Cooperative Bank shall be calculated and adjusted from the salary of the petitioner. Apart from that in a recovery proceeding detention of a person should be the last resort. - 2 - Considering the fact that other remedies are open to the Bank, we are of the opinion that the petitioner should not be put in jail without taking action in respect of the amount alleged due. Since amounts due to the petitioner, as salary and other benefits are not so far settled, dues can be realized by adjusting from the amount due to him or by necessary proceeding as allowed by the Act and only as a last resort, the petitioner can be put in jail. Here, no steps were taken for realization of the amount except steps taken to put the petitioner in jail. Accordingly, the petitioner is directed to be released from jail forthwith in connection with Certificate Case no.1/2008-09 and the impugned order is set aside. It is made clear that we are not making any observation regarding merits of the claim or liability. Let a copy of this order be communicated to the District Magistrate, Siwan through FAX. Neyaz/- (J. B. Koshy, CJ.) (Dharnidhar Jha, J.)