Patna HC Orders Action Against A Public Prosecutor Whose Absence Resulted In Non-Disposal Of Over 90 Bail Matters

In a significant order, the Patna High Court recently directed the Advocate General for State to take action against a Public Prosecutor who remained absent before the Court due to which over 90 bail matters could not be disposed of by the Court.

"Copy of the order be sent to the office of the learned Advocate General to take steps and initiate action against the concerned learned P.P. In-charge, who has failed to perform duty, required not only under the Rules but also in terms of Article 51 of the Constitution of India and has resulted in nondisposal of the cases today," the Bench of Justice Sanjeev Prakash Sharma observed in his order.

Essentially, on December 16, 2022, 100 bail matters were listed before the bench of Justice Sharma, however, PP Shyam Kumar Singh, who is in charge of the concerned bench, was not present. The Court noted that only two PPs were present before the Court and they were concerned with two cases in total.

In view of this, at the outset, the Court remarked that in absence of the concerned PP, it was not proper to take up the bail applications as assistance from the State Government is necessary.

Further, expressing disappointment over the absence of the PP in charge, the Court ordered that 95 bail applications (which remained undisposed due to the absence of the PP concerned) be listed before Regular Bench on December 20, 2022.

Case title - Anand Kumar vs. The State of Bihar

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