IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr Misc No 5231 of 2011
Bharat Yadav, son of late Mahadeo Yadav, resident of village -
Basantpur, P S - Sathi, District - West Champaran - Petitioner
Versus
The State of Bihar - Opposite Party
-----------
2 11.03.2011 The petitioner was on bail in Balthar Police Station Case No
28 of 2000 which was instituted under the provisions of the Arms Act.
Petitioner has been absent from the proceedings for about four years and
was arrested by the Police on 04.10.2010 and since then he is in jail.
Learned counsel for the petitioner points out that the learned Sessions
Judge has referred to a communication from this Court to deny him bail.
The said communication appears to be a letter dated 21.01.1983 sent by
this Court to the Courts below directing that the Court should not grant
bail to absconder accused and should make endeavour of quick disposal
of the case itself.
In my view, this Court could not, by way of administrative
order, issue direction how a Judicial Officer should conduct his judicial
proceedings. The discretion of the Court concerned is to be exercised
depending on the facts of the case. The discretion cannot be taken away
by administrative orders.
Be that as it may, the petitioner abovenamed is directed to
be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the satisfaction of
Subdivisional Judicial Magistrate, West Champaran at Bettiah in Trial No
1585 of 2010 arising out of Balthar Police Station Case No 28 of 2000
subject to the condition that the petitioner would be present before the
2
trial Court on each and every dated fixed in the case.
Let a copy of this order be sent to the District Judge
concerned.
M.E.H./ (Navaniti Prasad Singh)