IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31089 of 2008 SUJEET PASWAN … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Shiwesh Chandra Mishra For the State: Shri Dashrath Mehta,APP ----------- 4. 16.1.2009 This petition has been listed under the heading “to be mentioned” after the receipt of a slip from the counsel Shri Shiwesh Chandra Mishra who appeared throughout in this petition. Learned counsel informs the Court that in the light of its order dated 15.12.2008 passed in the present petition, the learned trial Judge who is the Presiding Officer of Fast Track Court Ist, Bhagalpur, has accepted the bond on behalf of the petitioner provisionally because there is an error in the year of Sessions Trial which appeared in the operative part of that particular order. Shri Mishra submits that the learned Judge has extended the period of accepting the bond provisionally from time to time with a direction to the petitioner Sujeet Paswan to get the error rectified. It is contended that the above order has been 2 passed by the learned trial Judge in spite of the fact that the basic case which is Akbarnagar P.S. Case No. 45 of 2007 out of which the Sessions Trial pending before the Fast Track Court above, is correct and that is correctly mentioned in the order. The Court feels difficulty in appreciating the approach of the Presiding Judge, Fast Track Court Ist, Bhagalpur, as to how he refused accepting the bond finally and why he could accept the bond provisionally if basic case appears correctly mentioned in the order of this Court. May be that some error could be there in the order of this Court in respect of the year of Sessions Trial, but could the Presiding Officer, Fast Track Court Ist, Bhagalpur explain as to why he could not accept the bond and could only act as per the Sessions Trial number. This appears to me acting on hyper-technicality in a judicial matter which directly relates to a person as also his liberty. If a person is required to appear before a court time and again in a manner like the present one, it certainly affects his liberties and freedom. 3 The learned Presiding Officer, Fast Track Court I, Bhagalpur, could submit an explanation as to why it should not be taken as a matter of concern for this Court on account of his improper judicial behaviour in accepting the bond. Let the explanation be sought from the learned Judge which shall be placed before the Hon’ble Inspecting Judge of Bhagalpur Judgeship with a further direction to the concerned Judge to accept the bond in future in such circumstances. Let this order be communicated to the above noted court in the above noted case through fax at the cost of the petitioner. Kanth ( Dharnidhar Jha, J.)