IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5005 of 2009 SHYAMDEO CHAMAR Versus STATE OF BIHAR ----------- 2 18.4.2009 Heard learned counsel for the petitioner and learned counsel for the State. In a police case under section 302 of the Penal Code, the allegation is that the deceased left home with the petitioner in the morning. His body was found floating in the pond in the evening. The defence is that the deceased fell in the pond in an intoxicated state. The court below refers to several paragraphs of the case diary but does not discuss the nature and materials in the case diary. The court below refers to the post mortem report but not to viscera report in the given nature of the defence. Liberty is given to the petitioner to file an application before the court below along with a certified copy of the present order. The 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 (Addl. Chief Judicial Magistrate, Danapur in Sahpur P.S. Case no. 86/2008) through FAX at the cost of the court. shahid (Navin Sinha, J)