Patna. After the continuous action being taken under the prohibition law in Bihar, the continuous arrest and then the bail application by the accused. This process has disrupted the functioning of the courts. Recently, Chief Justice of Supreme Court NV Raman also commented on this matter. Now, after the arrest under the prohibition law, the Supreme Court has been informed by the Patna High Court regarding the bail application that there has been a huge increase in the bail petitions due to the implementation of the prohibition law in Bihar. According to the information given by the Patna High Court, about 25% of the regular bail petitions are related to prohibition only.
According to the information given by the Patna High Court to the Supreme Court, out of 39,622 bail applications, 21,671 advance and 17,951 regular bail petitions are pending. Apart from this, 36,416 fresh bail applications, including 20,498 anticipatory and 15,918 regular bail petitions, are yet to be considered. It has also been informed by the Patna High Court that the judges have to work with less than half the sanctioned posts at present, hence the disposal of petitions is also getting delayed.
Let us inform that the petitioner Abhayanand Sharma had filed a petition before the Supreme Court due to non-listing of cases in the Patna High Court. Appearing for Patna High Court in this case, it has been told by Advocate Gaurav Agrawal to the Apex Supreme Court that the disposal of cases was being monitored daily by the Chief Justice. Concern was expressed by a bench of Justice Ajay Rastogi and Justice Abhay Oka over the pendency of bail applications in the High Court.
The Supreme Court agreed with the suggestion given by advocate Shoaib Alam. In which it was said that the provisions of section 436A CrPC should be employed to reduce the burden on the High Court. It enables anyone to provide statutory bail. Even before this, on January 11, a bench headed by Chief Justice NV Raman had dismissed the petitions of the Bihar government challenging the grant of anticipatory and regular bail to the accused under the stringent prohibition law.