IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15579 of 2008 PRAMOD SINGH @ PRAMOD KUMAR SINGH Versus STATE OF BIHAR ----------- 2/ 16.5.2008 Heard. The First Information Report does not specify as to who fired the shot as a result of which the informant could be injured. The learned Sessions Judge dismissed the prayer for bail of the petitioner requiring some instructions as to what could be a special report case because he appears being influenced by the fact that paragraph 34 of the case diary indicated that the case has been treated as special case. If the learned Sessions Judge could consult Bihar Police Manual from Rule 164 onwards, he could come across such class of cases which could be categorized as special report cases and there could be some basis for such categorization. That does not mean that bail could not be had in special report case. Even an electric theft case is categorized as special report case. Going by the opinion of the police officers and specially those like the Superintendent of Police and Dy. Superintendent of Police in deciding the question of bail can simply be tragic - 2 - and never help the Judicial Officers in exercising their discretionary powers. I could suggest the officers to avoid being influenced by such opinion of the police officers as has influenced him. The Judges are required to read facts, apply them to law and in cases of the present nature, the law and fact may not be enough, it could be other circumstances also which could influence in granting or rejecting the prayer for bail. Mere section of an offence or special nature of the enactment or a very scenario of a case could be not enough once and for all to decide the questions of bail. I believe that the learned Judge is properly instructed. I have already pointed out the facts and on that account, let the petitioner Pramod Singh alias Pramod Kumar Singh be released on bail on furnishing bail bond of Rs.5000/(five thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Gaya in Atari P.S. Case No. 4 of 2008. Anil/ (Dharnidhar Jha, J)