IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5881 of 2011 MD. BARKAT Versus THE STATE OF BIHAR ----------- 2. 18.3.2011 Heard both the sides. The case is under all bailable offences of the I.P.C. except Section 379 and Section 3(1)(x) of the Schedule Castes and Scheduled Tribes( Prevention of Atrocities) Act. It appears that some of the other co-accused persons like Naimul Hoda, Md. Irfan and Majbul Hoda were admitted to bail by the Chief Judicial Magistrate, Motihari, Motihari by order dated 26.6.2010 but that order does not appear influencing the mind of an Officer who was holding the post of Additional Sessions Judge of the Judgeship of East Champaran and he was dispatching the petitioner by refusing his prayer for bail to this Court. This could be the saddest commentary on the state prevailing in the lower court. This Court has pointed out to the Judges of the lower courts that if some one feels secured on account of rejecting such prayers, which could legitimately be granted, then this Court may take some adverse view against such orders. This is one of the orders in which the Judge without looking to the judicial act of an inferior court which had exercised its jurisdiction in granting bail, had rejected the prayer overlooking the fact that there was land dispute between the parties and there was a proceeding under Section 144 Cr. P.C. between them and that dispute was since the year 2008 and 2 further that the allegation which were appearing against the accused were general and vague. In the opinion of the Court even a newly recruited Civil Judge of Junior Division in such a case could be granting bail. Having said what I have just now, I direct the petitioner to be admitted to bail. Let the petitioner Md. Barkat be directed to be released from custody on his furnishing a bond of Rs. 3,000/-( three thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, in Haji Pur P.S.Case No. 98 of 2009. Let a copy of this order be communicated personally to the Judge who was acting as Ist Additional Sessions Judge, Motihari, East Champaran on 21.1.2011. Kanth ( Dharnidhar Jha, J.)