IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22682 of 2009 PANKAJ KUMAR @ PANKAJ KUMAR YADAV Versus STATE OF BIHAR ----------- 2. 24.8.2009 Heard Sri D.K.Singh, learned counsel for the petitioner and the learned A.P.P. for the State. The case is under Section 302 of the IPC and the rejection passed by the Sessions Judge, Saharsa is supposedly on the perusal of paragraphs which are mentioned in the contents of the rejection order. The contains of those paragraphs have been read out to me by the learned A.P.P. and unfortunately, that does not contain any material which may affect the petitioner to that offence in which the petitioner is in custody. Such arbitrary and whimsical orders, refusing the prayer for bail which may ultimately affect the personal liberties of the citizens of India, could never be approved by any conscientious persons, least to talk of a court of law. This court does not understand as to when the appropriate sense of appreciation of the facts and materials, shall dawn upon the judicial officers of the State, specially, upon the Sessions Judges of Sessions - 2 - Divisions including that of Saharsa. Regard being had to the facts of the case and absence of any material in the case diary, I direct the release of the above named petitioner on bail on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in Sour Bazar P.S.Case No.44 of 2009. Let a copy of this order be transmitted to the Sessions Judge, Saharsa by way of communicating sentiment of this court to him. B.Kr. ( Dharnidhar Jha, J. )