IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.915 of 2011 1. Anandi Rai, S/o Late Nandipat Rai, resident of village-Jhakhara, P.S.- Karja, District-Muzaffarpur. 2. Satyendra Rai, S/o Anandi Rai, resident of Village-Jhakhara, P.S.-Karja, District-Muzaffarpur. ……….Petitioners. Versus 1. The State of Bihar. 2. The Commissioner-cum-Principal Secretary, Department of Home, Government of Bihar, Patna. 3. The Director General of Police, Bihar, Patna. 4. The Additional Director General of Police, Tirhut Range, Muzaffarpur. 5. The Inspector General of Police, Tirhut Range, Muzaffarpur. 6. The Deputy Inspector General of Police, Tirhut Range, Muzaffarpur. 7. The Senior Superintendent of Police, Muzaffarpur. ……….Respondents. ----------- 2. 14.09.2011 The writ petition has been listed on the question of the relief claimed and maintainability. We have heard learned counsel for the petitioner at length, in our view, the writ petition is misconceived. So far as petitioner no. 1 is concerned, the relief prayed is of Habeas Corpus. In the writ petition itself, it is admitted that having been illegally detained, he has already been released. In that view of the matter, the very concept of Habeas Corpus does not permit the writ petition. Coming to the relief in relation to petitioner no. 2, it is alleged that he is in illegal detention. We are unable to accept the same. He has been named in a substantive police case and has been taken in custody and by orders of the Magistrate has been remanded to judicial custody. He has filed bail application, which is pending for consideration. In that view of the matter, again, the relief of his Habeas Corpus is not available. This is not the stage where this Court can go 2 into the question of validity, correctness or otherwise of the allegations as made out in the first information report, which, prima facie, discloses an offence, the matter being under police investigation, thus, all the reliefs as sought by the writ petitioner is misconceived and not maintainable. The writ petition is dismissed. The petitioners, if still, have some grievance, they would have their ordinary remedy available in law including, if so advised, moving the Human Rights Commission for any available relief. Sanjeet (Navaniti Prasad Singh, J.) (Ashwani Kumar Singh, J.)