IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17668 of 2010 MRITYUNJAY SINGH Versus STATE OF BIHAR with Cr.Misc. No.18798 of 2010 SONU JHA @ SONA KUMAR JHA Versus STATE OF BIHAR ----------- 2. 21.5.2010 Heard. The material being the same against the two petitioners, these two petitions are being disposed of together as their prayer was also dismissed by a common order passed by the 2nd Additional Sessions Judge, Saharsa. The best evidence which has been discussed by the lower court is the statement of a few persons in paragraphs 7,8 and 9 of the case diary indicating as if the petitioners had been seen prior to the occurrence going towards the place of occurrence on a single motorcycle which was looted from the informant. The learned Judge has drafted a long order but has not pointed out as to whether either of the petitioners was put on the T.I.Parade for being identified by the informant in spite of the fact that they are in custody since 23.3.2010 and 11.12.1999 respectively. While I was perusing the order of rejection passed by the learned Additional Sessions Judge, the impression which I could gather was that the Judges of the lower judiciary appear behaving as if they were the District Magistrates of the Districts 2 and are required to detain any person under the Bihar Control of Crimes Act and not imparting justice by passing proper judicial orders. It appears sad to notice that these deteriorating circumstances are being reflected from the judicial acts of a Judge. Considering the material which has been discussed in the rejection order and the circumstances, I direct the two petitioners, namely, Mritunjay Singh and Sonu Jha alias Sona Kumar Jha to be released from custody on furnishing bonds each of Rs. 3,000/-( three thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, in Basnahi P.S.Case No. 51 of 2009. Kanth ( Dharnidhar Jha, J.)