Rajiv Roy, J. – Heard Mr. Rajesh Kumar Singh, learned Senior Counsel for the petitioner and Mr. Dr. M.K. Gautam, learned APP for the State.

2. This application has been preferred for quashing of the order/judgement dated 22.05.2015 in Cr. Misc. No. 4586 of 2014 by which the Patna High Court while granting bail to one Basant Yadav @ Pappu @ Pappu Yadav in connection with Karpi P.S. Case No. 68 of 1996 had made certain adverse remarks against the petitioner.

3. Learned Senior Counsel for the petitioner submits that one Basant Yadav @ Pappu @ Pappu Yadav had filed a criminal miscellaneous petition bearing Cr. Misc. No. 4586 of 2015 before this Hon’ble High Court for grant of bail under sections 439 and 440 of the Code of Criminal Procedure in connection with Karpi P.S. Case No. 68 of 1996 for the offence registered under Sections 302, 307, 316, 342 and 323/34 of the Indian Penal Code read with Section 27 of the Arms Act.

4. He further submits that accused, Basant Yadav was an absconder since 1996 and was arrested and produced before the learned Sub Divisional Judicial Magistrate on 05.08.2013 from where he was remanded to judicial custody in Jehanabad Jail on the same day. He further submits that on 07.10.2013, the then Jail Superintendent, Jehanabad received a requisition from learned Judicial Magistrate 1st Class, Daudnagar for production of said Basant Yadav in Haspure P.S. Case No. 83 of 2006 under Section 364A and 395/34 of the Indian Penal Code.

5. The further contention of the petitioner is that the then Jail Superintendent, Jehanabad informed Learned S.D.J.M. Jehanabad regarding requisition dated 20.9.2013 which was received on 7.10.2013 for production of Basant Yadav in Haspura P.S. Case before the learned Judicial Magistrate Ist. Class, Daudnagar on 23.9.2013. He further submits that the Learned S.D.J.M. Jehanabad directed the then Jail Superintendent to produce the accused Basant Yadav before Daudnagar Court with the condition that the said accused be brought back after production vide order dated 22.10.2013.

6. He further submits that the accused Basant Yadav as per the direction of the learned Court was produced before Daudnagar Court vide memo no. 2027 dated 25.10.2013. However the accused was remanded to Judicial Custody by Learned Judicial Magistrate Ist. Class till 07.11.2013.

7. He further submits that in the meantime the present petitioner who was a Senior Deputy Collector joined in the month of June 2014 on the Additional Charge of Jail Superintendent, Jehanabad where for the first time requisition slip dated 27.6.2014 learned S.D.J.M. Jehanabad was received in the office of petitioner with a direction to produce accused Basant Yadav in Court on 3.7.2014.

8. He further submits that the petitioner who was In Charge of Jail Superintendent, Jehanabad sent a request letter to Jail Superintendent, Daudnagar mentioning therein that the accused Basant Yadav (who was in judicial custody since 25.10.2013 in Daudnagar Jail) has to be produced in the Court of Learned S.D.J.M. Jehanabad on 3.7.2014. A copy of the request letter no. 1393 dated 1.7.2014 was also endorsed to the learned S.D.J.M., Jehanabad for kind information and necessary action.

9. He further submits that the learned S.D.J.M., Jehanabad sent requisition vide letter no. 1815 dated 7.9.2014 and 421 dated 19.3.2015 for production of accused Basant Yadav in Court on 8.9.2014 and further on 26.3.2015. On both the occasions, the later on petitioner wrote letters to Jail Superintendent, Daudnagar requesting him to produce the said accused before Jehanabad Court and at the same time this information was also given to the learned S.D.J.M., Jehanaband.

10. He further submits that in spite of regular information as is apparent from aforesaid Annexure, a show cause was sought for by the learned S.D.J.M., Jehanabad vide letter no. 91/15 dated 4.4.2015 from the petitioner regarding non production of the accused Basant Yadav on 4.4.2015.

11. He further submits that the petitioner