IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38925 of 2009 MANOJ KUMAR GUPTA @ MANOJ SAO . Versus STATE OF BIHAR . ----------- 4/ 02/04/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner preferred an application for discharge after he was made an accused in Patna City By- pass Case No.33/08. An application for discharge has to be considered on the premise of allegations and the materials collected during investigation by the police, whether an offence fit to go to trial against the individual accused was made out or not. Even if two views are possible, the benefit has to be given to the accused. The application rejecting the prayer for discharge in the aforesaid case and the revisional order against it dated 4.4.2009 and 7.9.2009 are both unreasoned and do not help this Court to adjudicate the issue. The orders are accordingly set aside and the matter is remanded to the court of A.C.J.M., Patna City to pass a fresh reasoned and speaking order so that judicial review of the orders my be facilitated. The application is allowed to the extent indicated. KC/ ( Navin Sinha, J.)