IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2027 of 2011 BHOLA MAHTO @ BHOLA SINGH Versus THE STATE OF BIHAR & ANR. ----------- 2. 28.1.2011 After having heard Shri Jitendra Narain Sinha, learned counsel for the petitioner and Shri Dashrath Mehta, learned Additional Public Prosecutor for the State and after having perused the order dated 25.11.2010 passed by the Fast Track Court-V, Samastipur, in Sessions Trial No. 670 of 2005, what the Court feels is that the exception which was taken by the petitioner in the court below as also before this Court about the admission of the documents on account of the same not being the part of the police papers furnished to the accused under Section 207 Cr. P.C. was wrong. The Court feels that if the copies of the documents have duly been made over before seeking the indulgence of the court on admission of those documents as part of the prosecution evidence and after an opportunity of hearing afforded to the accused, the objection could not be tenable. However, what the Court finds from the impugned order is that while directing admission of some of the documents which were the photo copies of their originals, the court should not admit those documents which are in photo copies form unless their originals are produced and tendered in evidence or the person who had photo copied the documents from its originals is examined so as to leading the secondary evidence. 2 That part of the order is hereby declared illegal and, as such, is quashed. The other part of the order as regards the original being admitted in evidence is left undisturbed. This application is, accordingly, disposed of. Kanth ( Dharnidhar Jha, J.)