IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30312 of 2009 NARESH MAHTO Versus THE STATE OF BIHAR ----------- 2/ 02/09/2009 The impugned order of rejection refers to paragraphs of the case diary, but does not contain any discussion, even brief, of the nature of the materials transpired during investigation against the petitioner to enable this Court to make up its mind either ways on the bail application of the petitioner. Custody is curtailment of liberty of a citizen affecting his fundamental rights. An order amenable to judicial review before a superior court is required to be reasoned with a brief discussion to enable the superior court to make up its mind. The order of rejection is unreasoned making it arbitrary. The case is remanded to the court below to re-consider earlier application for bail of the petitioner afresh in light of the materials available in the case diary whether to grant bail or not to grant bail. For the purpose, the petitioner shall file an affidavit before the court of the Addl. Sessions Judge, Lakhisarai before whom Sessions Trial No.447/09 is pending and who passed the impugned order dated 3.7.2009. 2 Let this order be communicated by FAX at the cost of the Court to the court below. KC ( Navin Sinha, J.)