MIRNAL KANT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In this application prayer has been made to quash the order dated 22.2.2000 by reason of which the learned Court below rejected the petition filed by the petitioners for their discharge for an offence under Sections 147, 323, 307 and 349 of the Indian Penal Code read with Section 27 of the Arms Act.

(3.) Learned counsel for the petitioners relying on the decision of this Court reported in the case of Raj Narain Singh V/s. State of Bihar, 1989 37 BLJR 265, submits that when the prayer for discharge is refused, the Court below must assign reasons showing his application of mind. Secondly, he submits that records must be considered before disallowing the prayer of an accused for discharge. In support of his contention, he has relied in the case of State of Madhya Pradesh v/s. Mohan Lal Soni, 2000 AIR(SC) 2583 .