IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31949 of 2008 SANJEEV RAUT & ANR Versus STATE OF BIHAR ----------- 2/ 21.08.2008 The allegation is of pelting brick bats but the same allegation speaks of causing injury by farsa. The contention is that the probabilities inherently vary from the allegations and that is supported by the injuries which were lacerated. The reason for the occurrence is some domestic dispute between the parties. Let the petitioners Sanjeev Raut and Dhuri Raut be released from custody on furnishing P.R. bond of Rs. 1000/- (One thousand) without any surety to the satisfaction of Chief Judicial Magistrate, Nawadah in connection with Akbarpur P.S. Case No. 46/2008. I want to record my anxiety about the use of discretionary power by the learned Judge who is Additional Sessions Judge I, Nawadah. I have been perusing his orders quite regularly and find that he does not even like to appreciate the facts but goes to reject the prayer of bail on his whims. Learned Judge is advised to be careful as the Court feels that wrong application of one’s discretion in refusing prayer for bail may also tantamount to judicial misconduct. kksinha/ (Dharnidhar Jha, J.)