JUDGMENT :

1. Heard Mr. Rajesh Ranj an, learned counsel for the Opposite Party No. 2 and Mr. Ajay Mishra, learned APP for the State.

2. Vide order dated 07.12.2020, the learned Chief Judicial Magistrate, East Champaran, Motihari, granted bail to the Opposite Party No. 2 in Turkauliya (Banjariya) P.S. Case No. 725 of 2020 registered for the offences punishable under Sections 302 read with 34, 120-B of the Indian Penal Code and Section 27 of the Arms Act.

3. The matter came to the knowledge of this Court in administrative side, pursuant to which, the Court took suo motu cognizance of the aforesaid order dated 07.12.2020 passed by the learned Chief Judicial Magistrate, East Champaran, Motihari in exercise of its powers under Sections 397 and 401 of the Code of Criminal Procedure (for short "Cr.P.C") for the purpose of calling for and examining the records of the proceedings of the aforesaid Turkauliya (Banjariya) PS. Case No. 725 of 2020 and the matter was assigned to this Bench under the orders of Hon'ble the Chief Justice.

4. First of all, it would be apposite to take note of Sections 397 and 401 of the Cr.P.C. which are set out as under:-

"397(1).The High Court or any Sessions Judge may