HAKIMUDDIN ALIAS MD HAKIM Vs. SLATE OF BIHAR

JUDGEMENT

(1.) PETITIONERS apprehend their arrest in Thakurganj P.S. Case No. 129. of 2004 registered under Sections 147/447/341/323/307/379/34 of the Indian Penal Code and pray for grant of anticipatory bail.

(2.) MR . Firoz Ahmad appears on behalf of the petitioners. State is represented by Mr. Nirbhay Kumar Singh, Additional Public Prosecutor.

(3.) WITH all the emphasis at my command, I may impress upon the learned Sessions Judge that the proceeding of the Court has to be controlled by him and he is not required to dispose of the anticipatory bail application in absence of the case diary, only on the insistence of the accused persons. The learned Sessions, in case he needs the case diary for disposal of the anticipatory bail application can pass effective orders for its production.