IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21514 of 2009 MD.ISMILE Versus STATE OF BIHAR ----------- 3. 24.8.2009 Heard. The case is under Sections 395 and 397 of the Indian Penal Codes and the petitioner is not named in the F.I.R. Paragraphs of the case diary appearing in paragraph 5 of the rejection order does not indicate that there was any material against the petitioner. The petitioner is in custody since 1.4.2009 and there is no recovery from him. The petitioner has not been put on the T.I. Parade as well. It was a fit case in which the Officer who is holding the office of the District and Sessions Judge of the Sessions Division ought to have applied his discretionary jurisdiction because there was complete lack of material justifying the order of rejection as was passed arbitrarily by the Sessions Judge. A copy of this order shall be communicated personally to the 2 Sessions Judge concerned for his guideline. As regards the prayer for bail, let the petitioner Md. Ismile be directed to be released on his furnishing a personal recognizance bond of Rs. 500/- only without any surety to the satisfaction of the Chief Judicial Magistrate, Saharsa in Bangaon P.S.Case No. 8 of 2009. Kanth ( Dharnidhar Jha, J.)