IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46222 of 2008 SHIV NARAYAN YADAV Versus STATE OF BIHAR ----------- 2. 18.12.2008 Heard Mr. Ranjeet Kumar Singh, No.2, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. The present petitioner is in custody since 2.1.2006, as may appear from the rejection order of the learned Sessions Judge, Katihar, and he has not been put on T.I.P. is also indicated by it. There is no recovery of looted money also appears indicated by the court below itself. But inspite of that merely because the learned Judge was acting on his whim has not granted bail to the petitioner ( Because a Sessions Judge only could have the power to grant such order!). Things appear not improving on account of the fact that the Judge was living in his own world of whim and caprice. Similarly situated accused Shailendra Kumar has been granted bail by a Bench of this Court in March, 2007 and there is no reason to understand that the learned Judge could not have posted with this aspect of the case also. Let petitioner named above be released on bail on furnishing personal recognition bond of Rs.5,00/-(Five hundred) without any surety to the satisfaction of Sri V.P. Singh, Judicial Magistrate, Ist Class, Katihar, in connection with Katihar (Mufassil) P.S. case no.289 of 2005. Let a copy of this order be communicated to the Sessions Judge, Katihar. sudip ( Dharnidhar Jha,J )