STATE OF BIHAR Vs. BRAJ NANDAN RAUT

JUDGEMENT

(1.) ORDER :- Heard counsel for the parties.

(2.) By this application under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing the order dated 30th October, 2000 passed by the Vacation/Sessions Judge, Gaya in A.B.P. No. 581/2000 arising out of Magadh University P. S. Case No. 64/2000.

(3.) Learned counsel appearing on behalf of the petitioner submitted that the learned Vacation/Sessions Judge, Gaya had absolutely no Jurisdiction to entertain and dispose of Anticipatory Bail Application No.581/2000 as the case was registered under various sections of the Indian Penal Code including Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act"). Learned counsel further submitted that the Vacation/Sessions Judge, Gaya was not the Special Judge within the meaning of Section 4 of the Act and, therefore, the anticipatory bail application was only maintainable before the Special Judge, South Bihar, Patna who was notified as Special Judge under Section 3 of the Act. Learned counsel further submitted that in course of hearing of the anticipatory bail application aforesaid before the Sessions Judge, it was pointed out that the case was registered under various sections of the Indian Penal Code including Section 13(2) of the Act, and the learned Vacation/Sessions judge even noticing this fact in the order impugned entertained the same and granted bail to the opposite party who was one of the accused in Magadh University P. S. Case No. 64/2000.