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2016 Supreme(Pat) 990

I.A.ANSARI, NAVANITI PRASAD SINGH, CHAKRADHARI SHARAN SINGH
District Bar Association, Civil Court, Patna through its General Secretary Arvind Kumar Sinha – Appellant
Versus
State of Bihar through the Chief Secretary – Respondent


Advocates Appeared:
For the Petitioners: Mr. Dinu Kumar, Mr. Ritu Raj, Mr. Rajesh Kumar Singh, Mr. Arvind Kumar Sharma, Mr. Manoj Kumar, Mr. Santosh Kumar, Mr. Devendra Kumar Singh, Mr. Abhay Kumar, Mr. Rabindra Kumar Sinha
For the State : Mr. Anjani Kumar
For the Respondent High Court: Mr. Satyabir Bharti

JUDGMENT AND ORDER :

I.A. Ansari, J.

Can a High Court, in exercise of its power under Article 227 of the Constitution of India, direct that an application, seeking pre-arrest bail or anticipatory bail, under Section 438 of the Code of Criminal Procedure (in short “Code”), shall be filed in the office of the Sessions Judge of the Sessions Division, who would appropriately distribute such applications amongst the senior Additional Sessions Judges including those posted in Sub-Divisional Courts? This question, takes us to another question and the question is: What is the distinction between a Sessions Judge, on the one hand, and the Court of Session on the other? This question takes us to yet another question and the question is: How a Sessions Judge is different from an Additional Sessions Judge or an Assistant Sessions Judge?

2. The questions, posed above, have been thrown up by the present applications made, under Article 226 of the Constitution of India, in the form of public interest litigation, by the District Bar Association, Patna, and the Patna City Bar Association, Patna, putting to challenge the Circular issued, in this regard, by the High Court, on 21.09.2015, and, the conseq
























































































































































































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