STATE OF BIHAR vs KAMESHWAR PRASAD VERMA

The Supreme Court held that the detention of Bipat Gope was illegal due to the lack of clarity regarding the lawful authority under which he was released and rearrested, as mandated by Section 491 of the Code of Criminal Procedure, 1898. The Court emphasized that the State failed to specify the rule under which Gope was released, leading to the conclusion that his rearrest was not justified. Consequently, the High Court's order for his release was upheld, and the appeal by the State was dismissed.