BRIJENDRA NARAYAN CHOUDHARY Vs. S M SINGH

JUDGEMENT

(1.) These two original criminal miscellaneous eases are dealt with together and this judgment will govern both of them.

(2.) It appears that the learned Sessions Judge of Darbhanga in Bail Petition No. 141 of 1965, by his order dated 6-5-65 ordered the release of Bhubneshwar Singh and Ramkhelawan Singh on furnishing bail bonds and certain sureties. By the aforesaid order the learned Judge directed that the Magistrate should verify the bail bonds "without delay" and the words "without delay" were underlined with red ink obviously with a view to emphasise the urgency of it. The order of the learned Sessions Judge was received on 7.5.65, by the Magistrate, Sri S. M. Singh, who was acting that day for the Sub-divisional Magistrate. Sri S. M. Singh, on the same day, directed another Magistrate, Sri R. K. Singh, to verify the bail bonds and send the report immediately. But, Sri R. K. Singh received the order of Sri S.M. Singh on 9-6-65 and submitted his report about the verification of the bail bonds on 10-3-65.

(3.) In another bail bond petition No. 151 of 1968, by his order dated 8-5-65, the learned Sessions Judge ordered the release of Brajendra Narain Choudhary on his furnishing bail bond and the Sessions Judge directed that the bail bond must be verified without the least delay. The words "without the least delay" in the order of the learned Sessions Judge were underlined with red ink obviously with a view to emphasise the urgency of it, The order of the learned Sessions Judge was received on 10-5-65 by a Magistrate, Sri B. F. Mahto, who was acting for the Sub-divisional Magistrate that day. Sri B. P. Mahto passed an order that the bail bond furnished by Brajendra Narain Choudhary be sent to the same Magistrate, Sri R. K. Singh, for verification and report. It appears, however, that Brijendra Narain Choudhary had filed bail bonds with affidavits praying that, as provided under Sub-section (3) of Section 499 of the Code of Criminal Procedure, the bailors and sureties should be administered oath regarding the sufficiency of the sureties. The learned Magistrate, Sri B. P. Mahto, however, passed no order on this prayer regarding the testing of the sufficiency of the sureties by administering oath to the sureties and instead remanded Brajendra Narain Choudhary to custody. The latter, however, furnished the amount of bail bond in cash and was ultimately released on the same day.