IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8117 of 2010 MD.ISHTIAQUE ALAM ……….. Petitioner Versus THE STATE OF BIHAR ………. Opp. Party. ----------- For the Petitioner : Mr. A.K. Thakur Mr. Amir Alam, Advocates For the Srate : Mr. Jharkhand Mr. Uday Chand A.P.P. 02. 06.07.2010 After having heard learned counsel for the petitioner and having perused the orders passed by Chief Judicial Magistrate, Begusarai and learned Sessions Judge in G.R. Case No. 2045 of 2007 (P.S. Case No. 65 of 2007) and Criminal Revision No. 197 of 2009 respectively, the Court finds that the Magistrate ought to have expressed the reasons by pointing out the materials upon which he could have summoned the petitioner. In fact, the learned Chief Judicial Magistrate, Begusaria has not passed the order as was required to be passed. Therefore, the two orders i.e one dated 1.3.2008 passed by Chief Judicial Magistrate, Begusarai and other dated 28.1.2010 passed by the learned Sessions Judge, 2 Begusarai in Criminal Revision 197 of 2009 are hereby set aside. Learned Chief Judicial Magistrate, Begusarai is directed to apply his mind fresh to the facts and circumstances of the case and pass the order. The petition is disposed of accordingly. S.S. (Dharnidhar Jha, J.)