LAWS(PAT)-2005-12-42

KUMAR NAND KISHORE SINGH Vs. STATE OF BIHAR

Decided On December 09, 2005
Kumar Nand Kishore Singh Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) IN this Misc. application, prayer is for quashing of the order dated 1.5.2002 passed in Sessions Trial No. 166 of 1988 by learned 8th Additional Sessions Judge, Motihari, East Champaran, whereby and whereunder the petition filed by the petitioner, who was Jailor, under Section 227 of the Code of Criminal Procedure for discharge has been rejected merely on the ground that the petitioner being In -charge of Jail was responsible for every act and omission either on his part or on the part of the subordinate.

(3.) UNDER such circumstances, the impugned order insofar as it relate to the petitioner is set aside and the matter is remitted back to learned 8th Additional Sessions Judge, East Champaran, Motihari for reconsideration of the case of the petitioner.