DEOKI NANDAN PRASAD, J. - (1.) BY this application, the petitioner has prayed for issuance of an appropriate writ/order/direction in the nature of habeas corpus for the release of the petitioner from judicial custody in connection with Gumla PS Case No. 3/2002 correspondent to GR No. 15/2002 registered under Sections 302, 120 -B and 34 of the Indian Penal Code and Section 27 of the Arms Act.
(2.) GUMLA PS Case No. 3 of 2002 was registered on the basis of the written report of Ashok Kumar Singh, who alleged that his second son namely Suraya Prakash Singh was a student of Class IX and he was residing in a separate house in Gumla. On 29.12.2001 in between to 1 a.m. his friends Mubarak Alam, Sarfraz Alam @ Dablu and Pradeep Kumar Singh and one unknown after hatching conspiracy committed his murder. The informants brother Surendra Prasad Singh disclosed that four persons were giving him threatening to kill and on being asked he disclosed their names, the petitioner and others. It is further alleged that all the accused -persons including the petitioner committed murder after indulging in deep conspiracy and they were also seen fleeing after committing murder. The FIR was registered accordingly. The police investigated into the matter and submitted charge -sheet and the petitioner is being remanded in the case without taking cognizance, which is illegal and without jurisdiction. It is further alleged that on U.D. case was also lodged on the basis of the fardbeyan of one Pradeep Kumar Singh, wherein he stated that on 29.12.2001 he was sitting in the house of Surya Prakash Singh @ Monu with his friends, namely, Mubarak Alam and Md. Sarfraj @ Dablu and in their presence Surya Prakash @ Monu shot himself by a pistol as result of which Surya Prakash Singh @ Monu sustained injuries on his temple and while he was being carried to hospital on the way he succumbed to his injury and accordingly U.D. Case No. 50/2001 was registered.
(3.) NO counter affidavit has been filed on behalf of the State.;