Lutan Yadav vs The State Of Bihar on 8 December, 2014

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Patna High Court - Orders

Lutan Yadav vs The State Of Bihar on 8 December, 2014

Bench: Ashwani Kumar Singh

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.43581 of 2014
               Arising Out of PS.Case No. -57 Year- 2014 Thana -NAUTAN District- WEST CHAMPARAN
               (BETTIAH)

               ======================================================
               Lutan Yadav, Son of Ramchandra Yadav, Resident of Village-Uttari Telua
               Dera Tola, P.S.-Nautan, District-West Champaran.
                                                                               .... ....   Petitioner
                                                     Versus
               The State of Bihar                                         .... .... Opposite Party
               ======================================================
               Appearance :
               For the Petitioner       :    Mr. Binay Kant Mani Tripathi, Advocate
               For the Opposite Party :       Mr. Jitendra Kumar Singh 1, APP
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
               ORAL ORDER


2 08-12-2014

Heard learned counsel for the petitioner.

The petitioner seeks bail in connection with Nautan P.S. Case No. 57 of 2014 pending in the Court of Sri N.P. Singh, Judicial Magistrate-1st Class, Bettiah, West Champaran registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 448, 380, 307, 302, 504 and 506 read with 34 of the Indian Penal Code.

From perusal of Annexure-3, it would appear that in support of the contentions made in the bail petition, Xerox copy of the case diary has been annexed.

I take judicial notice of the fact that there is growing tendency among the members of the bar to annex Xerox copy of the case diary to the bail petition. It is a matter of great concern. In terms of section 172(3) of the Code of Criminal Procedure, 2 Patna High Court Cr.Misc. No.43581 of 2014 (2) dt.08-12-2014 2/2 police diary is absolutely protected and the accused has no access to it. Section 172(3) of the Code of Criminal Procedure reads as follows:-

"Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer, the provisions of Section 161 or Section 145, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), shall apply."

In view of the mandate of law as provided under section 172(3) of the Code of Criminal Procedure, I am not inclined to entertain the present bail application on merits. Accordingly, the application is dismissed.

The petitioner would be at liberty to file a fresh bail application in the same subject matter.

(Ashwani Kumar Singh, J.) Sanjeet/-

    U          T

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Patna High Court - Orders