IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7141 of 2009 MANTU KUMAR, son of Sri Birendra Sharma, resident of village- Gaura Jagdishpur, P.S.Naubatpur, District-Patna. Versus STATE OF BIHAR ----------- 2. 4.3.2009 Heard Sri Ajay Kumar Thakur, Advocate for the petitioner and the learned A.P.P. for the State. It is the fourth attempt for bail on behalf of the petitioner, the earlier being through three miscellaneous petitions which are indicated in the rejection order. While passing the one in Cr.Misc.Petition No.14145 of 2007 on 30.6.2008 the court had directed the learned Judge to act in accordance with the provision of Section 170(2)of the Cr.P.C. as also the decision of the Supreme Court in Shailendra Kumar Vers. State of Bihar in AIR 2002 S.C.270. That order appears within the knowledge of the learned F.T.C.2, Patna which is trying in Sessions Trial No.716 of 2007 but in spite of being spoon-fed the Judge does not appear improving any bit. What he did might be gathered from the part of his order passed on 21.1.2009 which incidentally appears just above the rejection order and it indicates that in stead of acting in accordance with the direction of this Court, he was issuing D.O. letters to the D.G.P. and S.S.P., Patna for procuring - 2 - the attendance of witnesses including the I.O. It could safely be inferred that the case is being handled by one of the most incompetent officers of the Bihar Judiciary who has little respect for the orders passed by the Supreme Court or the High Court. It could not be wise now in the face of the inability of the Judge to get a single witness produced before him by acting on imagination and promptitude to expect him to dispose of the case within a time which could be proximate by any means. In that view, let the above named petitioner be released from custody on furnishing bond of Rs.10,000/-(ten thousand)with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.II,Patna in Sessions Trial No.716 of 2007(Kadamduan(Kankarbagh)P.S.Case No.663 of 2006). Let the copy of this order be placed before the Hon’ble the Inspecting Judge of Patna Judgeship for information and necessary action against the officer. B.Kr. ( Dharnidhar Jha, J. )