IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4997 of 2009 SURAJ KUMAR @ SURAJA @ SURAJ YADAV Versus STATE OF BIHAR ----------- 2 18.4.2009 Heard learned counsel for the petitioner and learned counsel for the State. In an allegation of firing by four named ( the petitioner being one of them) and one unknown the informant was also injured and his brother deceased. The informant has named Upendra Rai as the person who fired at him also. Co-accused named along with the petitioner has been enlarged on bail in Cr. Misc. no. 27677 of 2008 noticing the omnibus allegation of firing and there are only two fire arm injuries. Learned counsel for the petitioner submits that for that reasoning he is entitled to bail also. Consistency in the orders of the court can be one of the grounds for grant of bail. But that shall remain subject to the satisfaction of the subsequent court. In a subsequent application for bail by a co- accused on what material transpires during investigation with regard to whom has caused those two injuries on the deceased. In absence of such material despite the fact that deceased brother all the accused persons are entitled to bail. The order of the court below gives hardly any help to enable this court to make its mind. There is no discussion of the material in the case diary on the basis of which the court was satisfied to reject bail. Bail concerns the liberty to a citizen, which has to be balanced with the interest of the society. - 2 - Learned counsel for the petitioner submits that the case diary may be called for. This court is not persuaded to do so. Liberty is given to the petitioner to file an application before the court below along with a certified copy of the present order. When court below within three weeks from the date of presentation of the certified copy shall rehear the earlier application for bail and pass a reasoned and speaking order after appropriate discussion of the nature and the materials in the case diary in support of its conclusion either to grant or deny bail. The application stands disposed off. Let this order be communicated to the court below (Fast Track Court No.2, Patna in Sessions trial no. 2472/2008 arising out of Phulwarisharif (Gopalpur P.S. Case no. 384/2007) through FAX at the petitioner. shahid (Navin Sinha, J)