IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15871 of 2008 BIRBAL SINGH Versus STATE OF BIHAR ----------- 3. 24.6.2008 Perused the report submitted by the learned District and Sessions Judge, Arrah, from which it appears that the order passed by this Court in Cr. Misc. no.42920 of 2007 received in the office of the Chief Judicial Magistrate, Bhojpur, and it was transmitted to Sri R. K. Prasad,. Judicial Magistrate, on 28.11.2007 and was accordingly received on that particular date. The office clerk of the court of Sri R. K. Prasad sent the same back to the C.J.M. informing that the case had been committed to the court of sessions. The office of the C.J.M. received back the order on 29.11.2007 and thereafter it remained lying there up to 3.5.2008 when it was again re-sent to Sri R. K. Prasad, Judicial Magistrate by the G.R. clerk of the C.J.M. It appears to be a case of dereliction on the part of the office clerk of R.K. Prasad, Judicial Magistrate and G.R. clerk of the C.J.M. The District and Sessions Judge, Arrah , shall accordingly proceed against the two according to rules. As regards merit of the petition, it is not on that exactly, rather it is by virtue of an observation of this Court that prayer may be renewed before the court below after completion of one year in custody. The contention is that the petitioner has remained in prison for more than a year, considering which let petitioner namely Birbal Singh be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction - 2 - of the F.T.C.5th, Arrah, Bhojpur, in S.T. no.514 of 2007 arising out of Sahapur P.S. case no.20 of 2007. sudip ( Dharnidhar Jha, J )