IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50336 of 2008 DHARMENDRA RAVIDAS @ RAMASHISH RAVIDAS, SON OF MUNSI RAVIDAS, RESIDENT OF VILLAGE-CHAINPUR, P.S. DHIBARA AND DISTRICT-AURANGABAD……………………………………PETITIONER. Versus THE STATE OF BIHAR………………………………….OPPOSITE PARTY. ----------- For the Petitioner : Mr. Anirudh Kumar Verma, Advocate. For the State : Mr. Jharkhandi Upadhyay, A.P.P. -------------- 4 4.5.2009. The petitioner, Dharmendra Ravidas alias Ramashish Ravidas, though not named in the F.I.R., is incarcerated in connection with Deo P.S.Case No.118 of 2004 registered under Sections 302, 201 and 120-B I.P.C. as also Section 17 of the C.L.A. Act. From the impugned order dated 16.9.2008 passed by the learned Presiding Judge, Fast Track Court No.IV, Aurangabad, in Sessions Trial No.319 of 2008 arising out of Deo P.S. Case No.118 of 2004, it appears that the learned trial court had relied on paragraphs 59, 60 and 65 of the case diary to continue detention of the petitioner. Paragraph 59 of the case diary only denotes that the I.O. had proceeded for the police station. Paragraph 60 of the case diary denotes that the I.O. had reached the police station at 20 hours. It is unfortunate that the Sessions Courts are rejecting the prayer for bail by referring to paragraphs of the case diary which have no nexus with the case and one has to form a presumptive opinion that the orders rejecting prayer for bail are being passed by the Sessions Courts with reference to paragraphs of the case diary without even looking into them. This is setting a very unhealthy - 2 - trend and precedent. In the unfortunate facts and the circumstances of the case, where the petitioner has neither been named in the F.I.R. nor has been put on T.I. Parade, he is detained in custody and his prayer is rejected by a court which has not even appear to have perused the case diary before rejecting the prayer for bail, the petitioner, Dharmendra Ravidas @ Ramashish Ravidas, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Presiding Judge, Fast Track Court No.IV, Aurangabad in connection with Sessions Trial No.319 of 2008 arising out of Deo P.S. Case No.118 of 2004. The Registrar General is directed to circulate a copy of this order to all the District and Sessions Judges so that such mendacious and piteous mis- steps are not committed in future after obtaining the kind permission of the Hon’ble the Chief Justice. P.S. (Abhijit Sinha,J)