Patna: A judicial officer in Bihar has been stripped of his responsibilities after the Patna High Court found that he unlawfully allowed an accused person to walk free without following due legal process.
In a strongly worded judgment, Justice Bibek Chaudhary of the Patna High Court quashed an order passed by the Additional District and Sessions Judge-17, Rohtas, Sasaram, describing it as “completely illegal, erroneous and contrary to the criminal justice procedure”.
The case stems from an FIR lodged at Kargahar police station (Case No. 31/2023), in which a Scheduled Caste woman alleged offences under serious sections of the Indian Penal Code and the SC/ST (Prevention of Atrocities) Act. The accused, Iqbal Mian, was arrested and presented before the Special Judge on 25 February 2023.
However, in a highly irregular move, the judge neither remanded the accused to judicial custody nor was there any bail application pending. Instead, he verbally permitted the accused to leave the courtroom.
The High Court described this as a “gross violation” of the basic tenets of the Code of Criminal Procedure (CrPC). Justice Chaudhary, hearing the criminal revision petition filed by police officer Sundeshwar Kumar Das, noted that the judicial officer appeared unfamiliar with the legal provisions governing bail, custody, and police investigations.
As a consequence, the High Court not only nullified the judge’s order but also withdrew his judicial powers with immediate effect. He has been directed to undergo training at the Bihar Judicial Academy.
Furthermore, the investigating officer has been instructed to produce the accused again before the Special Judge (SC/ST Act) and ensure that legal procedures are properly adhered to going forward.
