IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41337 of 2009 UMESH PASWAN & DINESH PASWAN Versus STATE OF BIHAR ----------- 2. 20.11.2009 Heard. The rejection order passed against the present petition appears an illustrative case exhibiting the mind set of the Sessions Judge, Biharsharif not to grant bail even if the facts could be sufficient for doing so. The case has been registered under Sections 147, 148, 149, 323, 324, 427, 379 and 435 of the IPC out of which Sections 324 and 379 are non-bailable; section 324 has been declared as such by amending Act of 2005. As regards the setting a house at fire, the first circumstance is that the case has been registered under Section 435 of the IPC and that the allegation of putting the Dalan of the informant at fired is made against two accused, namely, Sharwan Paswan and Laxman Paswan who are not the petitioners before this court. The Sessions Judge, Nalanda who was holding the Circuit Court in Hilsa has by a far fetched reasoning and by wrong recording of facts has stated that the allegation was also - 2 - against the petitioners of setting fire to the Dalan of the informant. If this is how the prayer for bail is rejected then that could be reflecting not only the mind set of a Judge but may also be indicative of the fact that the Judge was not honest and courageous to pass appropriate and correct orders. The petitioners, as may appear from the very rejection order do not specially bear any allegation of assaulting the injured or of committing theft or arson. Let a copy of this order be placed before the Hon’ble the Inspecting Judge of the Judgeship of Nalanda Judgeship along with the present case record for his Lordship’s evaluation and further action as could be deemed proper, specially, on impressing upon the officer need of exercising one’s jurisdiction properly. So far as the prayer for bail is concerned, under the facts and in the light of the allegations as noted by me, let the above named two petitioners be released from custody on furnishing bond of Rs.3,000/-(three thousand)each with two sureties of the like amount each to the satisfaction of Additional - 3 - Chief Judicial Magistrate, Hilsa(Nalanda) in Chandi(Vena) P.S.Case No.192 of 2009. B.Kr. ( Dharnidhar Jha, J. )