IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44899 of 2007 Shiv Shankar Jha, son of late Harikant Jha, retired Block Supply Officer, Kalyanpur, Block, P. S. Kalyanpur, District East-Champaran at present residing Mohalla- Chitraguptnagar P. S. Patrakarnagar, Town and Dist. Patna.. … Petitioner. Versus 1. State Of Bihar 2. Arjun Prasad Singh, the then General Secretary District Congress (I) Teachers Cell, East Champaran Motihari District- East Champaran. .. Opposite parties. ----------- 5. 26.03.2010 Heard counsel for the petitioner and counsel for the State. The Counsel for the petitioner while assailing the impugned order dated 30.5.2007 rejecting the prayer of the petitioner for his discharge in terms of Section 245 Cr.P.C. has submitted that the court below while passing the aforementioned impugned order has assigned no reason whatsoever in rejecting such prayer of the petitioner. Counsel for the State being not in a position to show any such consideration in the impugned order has tried to meet the challenge of the petitioner by taking a plea that there is no requirement in law that the rejection of the prayer of discharge must be backed by reasons. In the opinion of this Court, though no detail reasons would be required while rejecting the prayer of discharge but then such order being a judicial order must show application of mind. In the present case, from the impugned order it would be found that the entire submissions on behalf of 2 the petitioner recorded in full one page has been brushed aside only by holding that “ iwjs Mk;jh esa i;kZIr lk{; miyC/k gSA** Such mechanical approach of a court of law cannot be countenanced inasmuch as the court below should have at least briefly recorded. Such materials in the case diary which were in his opinion sufficient to constitute the offence and good enough to frame charge. A bald order like the present impugned order in absence of reasons would not only make the superior court to grope for the materials but would also render it vulnerable only on account of complete non-consideration of the case of the petitioners. That being so the impugned order rejecting the prayer of the petitioner for discharge is hereby set aside and the matter is remitted back to the court below which would now pass a fresh order after hearing the parties strictly in accordance with law. This application is accordingly allowed but only to the extent indicated above. kanchan (Mihir Kumar Jha, J.)