IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30909 of 2008 1. CHINTA RAI S/O LATE SHISHU PAL RAI 2. Kumari Rai @ Deo Kumar Sinha S/O CHINTA RAI Both residents of village Dost Nagar, P.S. Maner, District- Patna. Versus STATE OF BIHAR ----------- 2. 16.10.2008 From the impugned order of rejection, it appears that the case diary had been called for but it was the petitioner who insisted on hearing of his application without the same. This Court considers the same as sufficient reason not to entertain this application at this stage. The matter is remanded to the court below to hear the matter afresh in accordance with law after perusing the material in the case diary. It is made clear that this Court has not gone through the merit which shall be open for consideration by the court below. The application is rejected. AKS/ (Navin Sinha, J.)