'Court of Session' and the Surrounding Anomaly

Abstract

This article is an attempt to ponder over the following questions of relevance regard being had to the following decision of the Full Bench of the High Court of Patna, District Bar Association, Civil Court, Patna v. State of Bihar, Government of Bihar, Patna, Civil Writ Jurisdiction Case No. 251 of 2016 (Date of Decision: 27.10.2016):I. How is the position of a “Sessions Judge” different from that of an “Additional/Assistant Sessions Judge”?II. What is the dissimilarity between a “Sessions Judge” and the “Court of Session”? Is an “Additional/Assistant Sessions Judge” subordinate to a “Sessions Judge”?III. Can a High Court, in exercise of its power under Article 227 of the Constitution of India, 1950, direct that an application seeking pre-arrest bail/anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, is to be filed in the Office of the Sessions Judge of sessions-division, who would appropriately distribute such applications amongst the Senior Additional Sessions Judges including those posted in Sub-Divisional Courts?