IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34078 of 2009 BABLOO RAM & ANR Versus THE STATE OF BIHAR ----------- 2/ 17/09/2009 Heard learned counsel for the petitioners and learned counsel for the State. The impugned order of rejection dated 4.9.2009 passed by the Addl. Sessions Judge-VIII, Patna in Sessions Trial No.1075/09 arising out of Alamganj P.S. Case No.78/09 is very peculiar in its nature. The prayer for regular bail of the petitioner was rejected by the Addl. Sessions Judge-6, Patna on 2.6.2009 with the observation that he may renew his prayer for bail after three months of custody. The impugned order of rejection ignoring the observation proceeds to reject his bail application that after rejection on merit there was no occasion for reconsideration. Even an observation of a court in a judicial proceeding carries the force of a legal sanction. The litigant perceives the judiciary as an institution. An order passed by a Judge in judicial capacity is not an order passed at his whims. The order is that of the judge as part of an institution. The matter is remanded to the court of the 2 Addl. Sessions Judge-13, Patna to rehear the bail application of the petitioner in light of the order dated 2.6.2009 of the Addl. Sessions Judge-6, Patna and pass final appropriate orders in accordance with law within a period of two weeks. Let this order be communicated by FAX to the court of Addl. Sessions Judge-13, Patna in connection with Sessions Trial No.1075 of 2009 arising out of Alamganj P.S. Case No.78/2009 at the cost of the court. The order has been passed in the presence of the learned counsel for the petitioner, who, it is expected, shall duly cooperate for disposal of the matter before the court below within the time fixed. KC ( Navin Sinha, J.)