Advocates:
RAKESH KUMAR SINGH

ITEM NO.3 COURT NO.8 SECTION II-A

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 22872/2023

(Arising out of impugned final judgment and order dated 20-04-2023

in CRM No. 38725/2018 passed by the High Court of Judicature at

Patna)

MANISH KUMAR Petitioner(s)

VERSUS

THE STATE OF BIHAR Respondent(s)

(FOR ADMISSION and I.R. and IA No.157545/2023-EXEMPTION FROM FILING

C/C OF THE IMPUGNED JUDGMENT and IA No.157551/2023-EXEMPTION FROM

FILING O.T. and IA No.157553/2023-CONDONATION OF DELAY IN

REFILING / CURING THE DEFECTS and IA No.157543/2023-PERMISSION TO

FILE SLP WITHOUT CERTIFIED/PLAIN COPY OF IMPUGNED ORDER )

Date : 01-09-2023 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE S. RAVINDRA BHAT

HON'BLE MR. JUSTICE ARAVIND KUMAR

For Petitioner(s) Mr. Rakesh Kumar Singh, AOR

Mr. Ashok Anand, Adv.

Mr. Rajnish Kumar Singh, Adv.

Mr. Somanatha Padhan, Adv.

Mr. Bipin Bihari Singh, Adv.

Mr. Rajan Kumar Singh, Adv.

Mr. Rajeev Ranjan, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

Delay condoned.

Permission to file special leave petition without

certified/plain copy of impugned order is granted.

Learned counsel for the petitioner submits that he may

be granted some time to surrender and seek regular bail. The

petitioner hereby is granted four weeks time for the purpose

SLP

(CRL) Dy No. 22872/2023

1 of 4

Digitally signed by

NEETA SAPRA

Date: 2023.09.01

19:06:13 IST

Reason:

Signature Not Verified

and then apply for regular bail which shall be considered in

accordance with law.

This Court deems it necessary to notice a serious

irregularity in the proceedings. The impugned order dated

20.4.2023 was not made available, to the party aggrieved. The

petitioner had asserted that a copy of the order was not

uploaded on the website and in support of that contention,

filed a copy of the screen shot which indicated that the case

was listed for admission on 19.04.2023 and was listed the next

day. The status of the case was shown to have been “disposed

of” on 20.04.2023. Yet copy of the order was not made

available.

This Court had by order dated 25.08.2022 required the

Registrar of the High Court to provide information with

respect to the case and the status of the order. The

Registrar, Patna High Court reported to this Court by his

letter dated 30.08.2023. The relevant part of the letter is

extracted below which reads as follows:

“Sub: Regarding filing of a report in SLP(CRL)

Diary No. 22872 of 2023 (arising out of Cr. Misc.

38725 of 2018)

Ref: Hon’ble Supreme Court’s letter no.- D.No.

22872/2023/SEC-II-A dated 25.08.2023

Sir,

In compliance with order of the Hon’ble

Supreme Court of India passed in SLP(CRL) Diary

No. 22872 of 2023 dated 25-08-2023 (arising out of

Criminal Miscellaneous no. 38725 of 2018), it is

SLP

(CRL) Dy No. 22872/2023

2 of 4

humbly submitted that the said case was specially

assigned to Hon’ble Mr. Justice Sandeep Kumar on

18.04.2023 and the said matter was disposed off on

20.04.2023. However, the order was pronounced on

28.08.2023. The matter, as reported, has never

been assigned on any date after 20.04.2023.

I, therefore request you to place this

report before Hon’ble Bench.

Enclosure : Report of Joint Registrar (List)

dated 29-08-2023 with computer

status of case details.

Yours faithfully”

During the submissions made today, learned counsel for

the petitioner pro