The Patna High Court recently comprising of a bench of Justice Sanjeev Prakash Sharma directed the Advocate General for State to take action against a Public Prosecutor who remained absent before the Court due to which over 90 bail matters could not be disposed of by the Court. (Anand Kumar vs. The State of Bihar)
The court was informed that one Mr. Shyam Kumar Singh has been made In-charge of this Court, but he is not present.
The bench observed that in absence of the learned P.P., it is not proper to take up the bail applications as assistance from the State Government is necessary.
Out of all 100 bail applications listed today, there are only two learned P.P. who are appearing in the Court, namely Sri Ajay Kr. Jha informed that he is not In-charge of the cases and is appearing in item no. 24 only. Dr. Ajit Kumar learned P.P. stated that he is only appearing in Item No. 55.
The bench observed that in absence of learned P.P., list all the bail applications on board shown in Schedule ‘A’ before Regular Bench on 20.12.2022.
The bench further observed that a copy of the order must be sent to the office of the learned Advocate General to take steps and initiate action against the concerned learned P.P. The bench further noted in-charge, who has failed to perform a duty, required not only under the Rules but also in terms of Article 51 of the Constitution of India and has resulted in non- disposal of the cases today.
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