Sri Prakash Ravidas @ Prakash Ravidas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37933 of 2016 Arising Out of PS.Case No. -46 Year- 2016 Thana -ISHOPUR District- BHAGALPUR ====================================================== Sri Prakash Ravidas @ Prakash Ravidas, Son of Late Gopi Ravidas, Resident of Village- Madhura Simanpur, P.S.- Ishipur, District- Bhagalpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan,APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 31-08-2016 Learned counsel for the petitioner prays for liberty to withdraw this application as the petitioner has now been apprehended.
Liberty is granted.
The application is, thus, dismissed as withdrawn. Learned counsel for the petitioner, however, submits that on account of the defect and the delay in stamp reporting, the petitioner was apprehended for no fault of his. Stamp Reporter has pointed out a defect that Pages 15 and 16, which are certified copy of the F.I.R. (Annexure 1), are not visible and as such, learned counsel for the petitioner should supply the legible copy of the same.
After perusing the same Annexure, I find that the present
Patna High Court Cr.Misc. No.37933 of 2016 (2) dt.31-08-2016 2/2 F.I.R. has been issued from the court of Sub-Judge IX-CumA.C.J.M., VIII, Bhagalpur. It also appears that though this F.I.R. was not visible in the court below itself as the photo copy has been issued by the said court, yet the bail application was disposed of, overlooking the illegible portion of the F.I.R. This clearly shows that the court of Sub-Judge IX-Cum-A.C.J.M., VIII, Bhagalpur has acted in a most cavalier manner and has failed to call for legible copy while disposing of the bail application. Such a practice and negligence on the part of the court is not expected of from a Judicial Officer. He is advised to remain careful in future so that relevant portion of the F.I.R. does not escape the notice of the court before disposal of the case.
Since the application is withdrawn, no further order need be passed.
(Anjana Mishra, J) PNM U T