Vs. State of Bihar  INSC 46 (20 January 1994)
Uddin (J) Faizan Uddin (J) Anand, A.S. (J)
1994 SCC (2) 8 JT 1994 (1) 120 1994 SCALE (1)117
Judgment of the Court was delivered by FAIZANUDDIN, J.- This petition arises
out of a complaint having been made by one Smt Bimla Devi complaining that Shri
P. Kumar, Judicial Magistrate, Dhanbad granted bail to the accused-Respondent
4, involved in a case under Sections 302/34 of the Penal Code for murder of her
son, in G.R. No. 1619 of 1992, corresponding to Jorapokher P.S. Case No. 168 of
1992, despite the fact that the two earlier bail applications of the said
accused were successively rejected by the High Court, Ranchi Bench. This Court
had issued a notice to the respondents including the Judicial Magistrate, First Court, Dhanbad, Bihar requiring them to show cause why the bail granted to
the accused be not cancelled.
3, Shri P. Kumar, Judicial Magistrate has sent his reply to the show cause
stating that the accused Respondent 4 was granted only provisional bail which
has been cancelled by him by his order dated June 8, 1993 and that the accused has already been taken into custody.
view of the fact that the Judicial Magistrate at a later stage has himself
cancelled the bail, it is not necessary for us to pass any order with regard to
the petitioner's prayer for cancellation of bail but the disturbing feature of
the case is that though two successive applications of the accused for grant of
bail were rejected by the High Court yet the learned Magistrate granted
provisional bail. The course adopted by the learned Magistrate is not only
contrary to settled principles of judicial discipline and propriety but also
contrary to the statutory provisions. (See in this connection Shahzad Hasan
Khan case'.) The manner in which the learned Magistrate dealt with the case can
give rise to the apprehensions which were expressed by the complainant in her
complaint, which was treated by this Court as a writ petition and is being
dealt with as such. In the course that we are adopting, we would not like to
comment upon the manner in which the learned Magistrate dealt with the case any
more at this stage. We, in the facts and circumstances stated above, direct
that a copy of this order be sent to the Chief Justice of the Patna High Court
for taking such action on, the administrative side as may be deemed fit by him.
writ petition is disposed of accordingly.