IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7029 of 2008 BABLOO MIYAN @ MD. BABLOO & ORS Versus STATE OF BIHAR & ANR ----------- 2 17.7.2008 Heard Mr. Yogesh Chandra Verma, Senior Advocate appearing on behalf of the petitioners and Mrs. Anjana Prakash, Senior Advocate representing opp. Party no.2. In this application the petitioners have challenged the order, dated 22.1.2008 passed by the Sub Divisional Judicial Magistrate, Bhagalpur refusing to discharge the petitioners in Kotwali (Tatarpur) PS Case No. 711/2005. At the out set learned counsel for the petitioners has made a prayer to withdraw this application so far as petitioners 2 to 5 are concerned as the trial has already commenced and except the I.O., all the witnesses have been examined in the case. The prayer is allowed and this application is dismissed as withdrawn with respect to petitioners 2 to 5. So far as petitioner no.1 is concerned, the grievance of the petitioner is that the order, dated 22.1.2008 is virtually a non- speaking order inasmuch as the Sub Divisional Judicial Magistrate has rejected the discharge petition by observing that he has gone through the case diary but has not disclosed the reasons for not discharging petitioner no.1 in this case. In this regard learned counsel relies on a decision in the case of Rajendra Prasad Gupta vs. State of bihar 2008 (1) PLJR 138 wherein it has been held that the court should pass a speaking order and the order should not be passed in a mechanical manner. 2 In view of the aforesaid submission the matter for consideration of the discharge petition of petitioner no. 1 only is remitted back to the Sub Divisional Judicial Magistrate, Bhagalpur who should pass a fresh order within one month from the date of receipt / production of a copy of this order. In the result this application is allowed and the order, dated 22.1.2008 passed by the Sub Divisional Judicial Magistrate, Bhagalpur in Kotwali (Tatarpur) PS Case No. 711/2005 is hereby quashed. haque (Sheema Ali Khan, J.)