IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12784 of 2010 AAS NARAIN PASWAN, S/o Lagandeo Paswan, Resident of Village – Sahbazpur, P.S. – Riga, District – Sitamarhi …… Petitioner Versus STATE OF BIHAR ……… Opposite Party ----------- 2/ 25.05.2010 Heard learned counsel for the petitioner and the Additional Public Prosecutor. Supplementary affidavit has been filed by the learned counsel for the petitioner. In this case instituted against unknown petitioners prayer for anticipatory bail was refused by the learned Sessions Judge, Sitamarhi in A.B.P. No. 495 of 2008 vide order dated 11.11.2008. Subsequently, the petitioner preferred Cr. Misc. No. 4904 of 2008 before this Court which appears to have been dismissed as withdrawn on 27.1.2009, but the petitioner said to have chosen to surrender on 15.3.2010. He was remanded in custody. Prayer for bail was refused by Chief Judicial Magistrate. Thereafter, bail application was preferred before the learned Sessions Judge vide B.P. No. 242 of 2010, but as it appears, the learned Sessions Judge was inclined to peruse the case diary before passing any order, but he was forced to dispose of the prayer without giving an opportunity to consider the merit of the application. Such attitude on behalf of petitioner can not be permitted to continue. Considering the facts and circumstances, for the present, I am not inclined to pass any order on merit. Petition stands disposed of with a liberty to petitioner to renew the prayer before learned Sessions Judge who shall pass appropriate order on the material available without being prejudice of the instant order. Praful ( Akhilesh Chandra, J. )