Prosecution "Handicapped": Patna High Court Directs SPP/SP To Ensure Availability Of Case-Diaries With State Counsels For Effective Bail Hearings

The Patna High Court has directed the Senior Superintendent of Police and Superintendent of Police to ensure that case-diary/charge-sheets for each case are made available to the State counsel for effective representation of prosecution case before the Court during bail hearings. 

The issue arose when during disposal of a bail petition, the APP was "totally handicapped" to represent the case of the State and effectively assist the Court since he did not have a copy of the case-diary/charge-sheet.

Justice Jitendra Kumar noted that such a situation not only caused delay in disposal of the case, but also deprived the Court of knowing the best prosecution case, which may result into miscarriage of justice.

Accordingly, the court stated that there must be an internal system of the prosecution to ensure that the case-diaries/ charge-sheets are available to the State Counsel at the time of hearing of bail petition. For this purpose, the court stated that–

"Immediately after getting information of filing of any bail petition, the State Counsel through AG office may inform the concerned SSP/SP through telephone, e-mail or letter, for supply of a copy of the case- diary/charge-sheet for effective representation of the State in Court. After such information of requisition from State Counsel, SSP/SP concerned may be saddled with duty to ensure that case-diaries/charge-sheets are made available to the concerned State counsel at the time of hearing in the Court."

The court also observed that sometimes State counsel were unavailable in the Court at the time of calling of the matter and other State counsels, unaware of the facts of the case represented the State. Taking note of the same, the bench suggested that each Court should have a separate Standing Counsel, who is prepared with the brief of their case to ensure effective representation of the State.

Thus, the Registrar General was directed to send a copy of the current order to the Chief Secretary, Government of Bihar, Patna and the Director General of Police, Government of Bihar, Patna for taking needful steps.

CASE TITLE: Manu Kumar v. The State of Bihar

Click Here To Read Order