IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2458 of 2010 VINOY RAI, son of Suresh Rai, resident of village- Shahpur, Police Station Ganga Bridge (Sadar), Hajipur, District- Vaishali… Petitioner. Versus STATE OF BIHAR ----------- 2. 26.02.2010 Heard counsel for the petitioner and counsel for the State. From a perusal of the order passed on 15.12.2009 in ABP No. 1044 of 2009 filed by the petitioner before the Court of District and Sessions Judge, Vaishali at Hajipur, it does not transpire that as to what materials had weighed upon him to reject the prayer for anticipatory bail of the petitioner. Counsel for the petitioner submits that though the case-diary was called for but the same was never received and therefore the entire order has been scripted only by looking into the allegations made in the first information report. Counsel for the petitioner also points out that there was no firearm injury on the person of the injured and yet an adverse inference has been drawn against the petitioner who is said to have caused only firearm injury. In the opinion of this court, all these aspects 2 would require reconsideration by the District and Sessions Judge, Vaishali and accordingly, he is directed to rehear the anticipatory bail of the petitioner after calling for and receiving the case-diary. With the aforesaid observation and direction, this application is disposed of. kanchan (Mihir Kumar Jha, J.)