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N.V. Ramana, J.

This habeas corpus petition is filed by one Saurabh Kumar who is in Koneila Jail, Dalsingsarai, District Samastipur (Bihar).

2. In brief the case of the petitioner is that he was XII pass and wanted to leave the village in search of a decent job. In that connection he made an application for passport. On 30.6.2013 the police had called the petitioner to the Police Station for enquiry on his application for passport and after reaching inside the police station he was locked up. Thereafter on 1.7.2013 early morning, the petitioner was taken to the residence of one Shri Tripathi, Judicial Magistrate who is arrayed as 6th respondent in this writ petition. There, the petitioner was beaten with lathi by DSP, Manish Kumar Suman, who is arrayed as 9th respondent herein, in the presence of the said Judicial Magistrate and it is also alleged that while beating he was told that it is a reward for his parents for reporting or complaining against him to the Supreme Court, and insulted him by stating that low caste people should not become malik of the land of the upper caste people like mausaji. Thereafter, the petitioner was taken from the house of the Judicial Magistrate to the Koneila jail where he is kept under detention. The petitioner states that he was unnecessarily and illegally detained by the police. It is also a further case of the petitioner that the Judicial Magistrate, Shri Tripathi also caused prejudice as he is out of vengeance against his parents. When they approached the local MLA, the MLA contacted the SHO of Dalsingsarai, District Samastipur, and the police informed the MLA that there is no complaint against the writ petitioner and they are going to release him but in spite of repeated requests they have not released him.

4. Initially there were eleven persons shown as respondents. But later on, the petitioner has withdrawn respondent nos. 3 to 11 from the array of parties.

5. After issuing notice two counter affidavits have been filed, one by respondent nos. 1, 2, 7 and 8 and the other by the sixth respondent, Tripathi, the Additional Chief Judicial Magistrate and Judge In-charge (Administration) Dalsingsarai, District Samastipur, Bihar. From these two affidavits, it appears that there were land disputes between petitioner’s family and one Rama Kant Singh. A Mortgage Suit No. 30/94 was filed against Banwari Roy, who is the grand-father of the petitioner and obtained a decree against him on 28.2.1997 by the Munsif Court. Thereafter, the grandfather of the petitioner preferred Title Suit bearing T.A. No. 17/99 against the said Rama Kant which was subsequently dismissed by the learned Additional District and Sessions Judge-I, Samastipur by order dated 1.6.2013.

7. Thereafter, one Mohan Kumar filed a complaint before the Additional Chief Judicial Magistrate on 29.4.2013 which was referred to the police on 1.5.2013 P.S. No. 72/13 and was registered under Section 147, 148, 149, 323, 427, 504, 379 and 386 of the Indian Penal Code and under Section 27 of the Arms Act for necessary action and investigation under Section 156(3) Cr.P.C. In the said complaint it is stated that the complainant Mohan Kumar was working in his fields of which possession was handed over by execution of the decree. The writ petitioner Sumit Kumar alias Saurabh Kumar along with his family members Banwari Roy, Dinesh Roy, Rekha Devi, Golu Kumar, armed with lathis, pharsa, pistol beaten Mohan Kumar and snatched his wrist watch. It was also further alleged that at the gun point the petitioner party threatened the complainant therein to put his thumb impression on a stamp paper. On his refusal, the petitioner party threatened him to kill. The petitioner who is shown as accused in the said FIR was arrested in the said case on 30.6.2013. Thereafter, he was produced in the court of the Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur on 1.7.20123. On orders passed by him (Annexures R.6/2 and R.6/3), the petitioner was remanded to judicial custody vide order dated 1.7.2013.

8. When the matter came up before this Court, the learned counsel appearing for the petitioner Smt. Lily Isabel Thomas contended that the petitioner is in illegal custody and sought a direction for his release. This Court has pointed out to the counsel for writ petitioner about the counter affidavits filed by the respondents which show that the petitioner is an accused in a criminal case which was registered under Sections 147, 148, 149, 323, 427, 504, 379 and 386 of IPC and under Section 27 of Arms Act and after such registration he was arrested and produced before the Addl. Chief Judicial Magistrate, Dalsingsarai, District Samastipur, Bihar and then he was detained in judicial custody. However, the counsel contended that a direction be given to the jailer-respondent No. 1 to produce the remand report of the petitioner as that itself shows the illegal detention. In spite of this Court’s suggestion to the petitioner’s counsel to approach the criminal court for obtaining bail, she repeatedly made request for the production of order passed by the Judicial Magistrate remanding the petitioner to jail.