Hakimuddin @ Md. Hakim and Others vs State of Bihar

Chandramauli Kr. Prasad, J.—Petitioners apprehend their arrest in Thakurganj P.S. Case No. 129 of 2004 registered under Sections 147/447/341/323/ 307/379/34 of the Indian Penal Code and pray for grant of anticipatory bail. Mr. Firoz Ahmad appears on behalf of the petitioners. State is represented by Mr. Nirbhay Kumar Singh, Additional Public Prosecutor.

From perusal of the order of the learned Sessions Judge, it seems that he had disposed of the anticipatory bail application filed by the petitioners without case diary on the insistence of the accused persons although he had called for the case diary earlier. I presume that the learned Sessions Judge had called for the case diary to enable him to consider the prayer of the petitioners for grant of anticipatory bail.

With all the emphasis at my command, I may impress upon the learned Sessions Judge that the proceeding of the Court has to be controlled by him and he is not required to dispose of the anticipatory bail application in absence of the case diary, only on the insistence of the accused persons. The learned Sessions, in case he needs the case diary for disposal of the anticipatory bail application can pass effective orders for its production.

In the present case the prayer of the petitioners for grant of anticipatory bail having been rejected by the learned Sessions Judge in absence of the case diary, I am not inclined to consider this application for the present.

Petitioners, if so advised, may file application before the learned Sessions Judge again who shall consider the same bearing in mind the observation aforesaid. Application stands dismissed with the observation aforesaid.