High Court Legal Services Committee, Patna High Court, Patna Through Its Secretary Sri Kishore Pras v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25601 of 2016 ======================================================

1. High Court Legal Services Committee, Patna High Court, Patna Through Its Secretary, Sri Kishore Prasad, Joint Registrar (judicial) - Cum - Secretary, Patna High Court Legal Services Committee, Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The High Court of Judicature at Patna Through The Registrar General.

3. The Registrar General, Patna High Court, Patna. null null

4. The Commissioner-cum Principal Secretary, General Administration Department, Government of Bihar, Old Secretariate, Patna. null null

5. Mr. Neeraj Kumar Sanidh, Advocate, Patna High Court, Patna. null

6. Awadh Prasad S/o Kesho Prasad. null

7. Umesh Raut S/o Binda Raut.

8. Kumhra Chaurasia S/o Sheo Dayal Dhanuk. All Resident of VillageAifani, P.S.- Ariari, District- Munger.

9. Surendra Prasad S/o Ram Nandan Prasad. Resident of VillageBirampur, P.S.- Koilwar, District- Bhojpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Parmanand Kumar, APP For the Patna High Court : Mr. Mrigank Mauli, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 16-09-2016 Heard Mr. Ashok Kumar, learned Counsel, appearing on behalf of the petitioner, and Mr. Parmanand Kumar, learned Additional Public Prosecutor for the State. Heard also Mr. Mrigank Mauli, learned Counsel, appearing on behalf of the Patna High Court.

The present application, seeking modification of the

Patna High Court Cr.Misc. No.25601 of 2016 (2) dt.16-09-2016 2/2 order, dated 12.02.2015 aforementioned, is misconceived inasmuch as there is no direction to the Patna High Court Legal Services Committee to pay expenses of proceeding or the fee of amicus curiae.

Because of the fact that the appointment of Amicus Curiae in Criminal Appeal (DB) Nos. 153 and 164 of 1993, was not under the Patna High Court Legal Services Committee, Patna, we do not find that the prayer, calling for modification of the order, dated 12.02.2015, passed in Criminal Appeal (DB) Nos. 153 and 164 of 1993, calls for any interference. It is made clear that the Patna High Court Legal Services Committee has no onus or duty to pay the fee of the amicus curiae in the Criminal Appeals aforementioned.

In view of the above, this petition is dismissed. (I.A. Ansari,CJ) (Samarendra Pratap Singh, J) Mkr./- U