IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.1407 of 2010 PANKAJ KUMAR, S/O SRI KAILASH RAJAK Versus STATE OF BIHAR **** /2/ 13.01.2010 Heard. 2. The petitioner was granted by an order, dated 16.12.2009, passed in Cr. Misc. No. 43768 of 2009, to the satisfaction of Smt. Namita Singh, Judicial Magistrate, 1st Class, Gaya, in connection with Bodh Gaya P.S. Case No. 84 of 2009, G.R. No. 1512 of 2009, but, the case was pending before the Chief Judicial Magistrate, Gaya, and, therefore, the petitioner could not be released on bail, since, the learned Magistrate, in her wisdom, did not send the order to the Chief Judicial Magistrate, Gaya, at her end. It is unfortunate that judicial officers do not understand the importance of personal liberty of a citizen and it would have been proper for her to transfer the order to the Chief Judicial Magistrate in case she herself was not in seisin of the case. 3. Let a copy of this order be sent to the District and Sessions Judge, Gaya, so that henceforth these kinds of lapses are not committed by the judicial officers, who are supposed to uphold the liberty of a person. The least that a 2 judicial officer should understand is that no one can compensate for the unnecessary detention of a person despite a valid order passed by a judicial Court. 4. This order be communicated through fax to the Chief Judicial Magistrate, Gaya, so that the petitioner can be released forthwith, at the cost of the petitioner. 5. The application stands allowed. S.A. (Anjana Prakash, J.)