IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 5344 of 2011 Ajay Mahto, son of late Ram Babu Mahto, resident of village – Agarpur, P S – Lalganj, District – Vaishali - Petitioner Versus The State of Bihar - Opposite Party ----------- 2 15.03.2011 The petitioner is in custody in relation to Hajipur Town Police Station Case No 346 of 2010 instituted under Section 379 of Indian Penal Code to which Section 411 of Indian Penal Code has been added. It is alleged that a Bolero car and a Splendour motorcycle were stolen from the informant’s house on 27.06.2010. In course of investigation, police found complicity of petitioner. Petitioner was arrested and, accordingly, moved bail application before the Additional Sessions Judge II, Vaishali at Hajipur which has been rejected in Bail Petition No 746 of 2010 by order dated 19.11.2010. I have perused the order. The order appears to be a mechanical order passed without application of mind. The order is a formatted order and all it does, it refers to various paragraphs of the case diary and to the finding of the complicity of the petitioner in the offence what is the material as against the petitioner is not noted. It shows non- application of judicial mind by the Court concerned. The Court must remember that the order is amenable to judicial review by the High Court and unless they discharge duty judicially by recording proper orders in accordance with law, it would be a futile exercise by this Court. They are expected to do their duties rather than shirk their responsibility and throw it to the High Court. In such a situation, I direct the petitioner to move the application for bail once again before the Court concerned that is 2 Additional Sessions Judge II, Vaishali at Hajipur who would consider the same and dispose of the same within a period of two weeks from the time the application is filed. This application is, accordingly, disposed of. Let a copy of this order be sent to the Bihar Judicial Academy for being used there to train Judicial Officers as to how they are required to discharge their judicial functions. M.E.H./ (Navaniti Prasad Singh)