Sheonath Sah vs The State Of Bihar on 3 December, 2014

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Patna High Court - Orders

Sheonath Sah vs The State Of Bihar on 3 December, 2014

Bench: Ashwani Kumar Singh

      Patna High Court Cr.Misc. No.43147 of 2014 (2) dt.03-12-2014




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Criminal Miscellaneous No.43147 of 2014
                    Arising Out of PS.Case No. -122 Year- 2014 Thana -BHABHUA District- BHABHUA (KAIMUR)
                   ======================================================
                   1. Sheonath Sah Son of Late Bagedu Sah Resident of Village - Sion, Police
                   Station - Bhabhua, District - Kaimur at Bhabua

                                                                                 .... ....   Petitioner/s
                                                          Versus
                   1. The State of Bihar

                                                                    .... .... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :  Mr. Girish Chandra Sharma
                   For the Opposite Party/s   : Mr. Shyam Bihari Singh(App)
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
                   ORAL ORDER

2   03-12-2014

The petitioner seeks bail in connection with Bhabua P.S.Case No.122 of 2014 registered for the offence punishable under section 302 read with 34 of the Indian Penal Code. From perusal of different Annexures annexed with the application, it would appear that in support of the contentions made in the bail petition, Xerox copies of the case diary have 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, 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 Patna High Court Cr.Misc. No.43147 of 2014 (2) dt.03-12-2014 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.

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

(Ashwani Kumar Singh, J) Pradeep/-

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Patna High Court - Orders