BHADO PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS case shows the bizzare state of affairs prevailing at certain levels in the State and unfortunately caused by executive who though love to accept responsibility but hate to execute it responsibly.

(2.) THE present writ application has been filed for quashing the detention of the Petitioner in civil prison pursuant to the warrant issued on 2nd August, 2006, by the Certificate Officer, Barh (Patna) in Certificate Case No. 2 of 2006 -2007 instituted at the behest of the Punjab National Bank, Barh and for release of the Petitioner from civil prison to enable him to file his objection to the certificate proceedings which in law he is entitled to do.

(3.) THE short point raised that certificate proceedings were initiated by the Punjab National Bank, Barh, against the Petitioner and was registered on 10th June, 2006. Notice was directed to be issued in this regard as contemplated by Section 7 of the Public Demands Recovery Act 1914 (hereinatter referred to as "the Act"). The copy of the notice with service report has been annexed as Ahnexure 2.