Kumar Nand Kishore Singh vs The State of Bihar

Radha Mohan Prasad, J.—Heard learned counsel for the petitioner and learned counsel for the State. In this Misc. application, prayer is for quashing of the order dated 1.5.2002 passed in Sessions Trial No. 166 of 1988 by learned 8th Additional Sessions Judge, Motihari, East Champaran, whereby and whereunder the petition filed by the petitioner, who was Jailor, u/s 227 of the Code of Criminal Procedure for discharge has been rejected merely on the ground that the petitioner being In-charge of Jail was responsible for every act and omission either on his part or on the part of the subordinate.

From the impugned order, it appears that learned Sessions Judge has found that there is no direct allegation against this petitioner either in the CD. or in the record of the case. However, he has stated that petitioner being In-charge of the Jail was responsible for every act and omission either on his part or on the part of the subordinate and the case against the petitioner is based on circumstantial evidence leading to his involvement in the occurrence. Learned Sessions Judge has not at all considered as to what are the circumstantial evidence on the basis of which, prima facie, charge for the offence under Sections 302, 376 and 201 / 34 I.P.C. is made out against this petitioner.

Under such circumstances, the impugned order insofar as it relate to the petitioner is set aside and the matter is remitted back to learned 8th Additional Sessions Judge, East Champaran, Motihari for reconsideration of the case of the petitioner. This Misc. application is, thus, disposed of with a direction to learned 8th Additional Sessions Judge, Motihari, East Champaran to reconsider the case of the petitioner in the light of the abovementioned observation afresh and pass appropriate order without being prejudice by the impugned order.