Hari Lal Balai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16272 of 2021 Arising Out of PS. Case No.-349 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== HARI LAL BALAI Son of Ram Lal Balai @ Rama Balai Resident of VillageJota Parali, P.S.- Bogod and District- Bhilwara, State- Rajasthan. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh :

Mr.Manish Kumar No. 2 For the Opposite Party/s :

Mr.Shailendra Kumar No. 2 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-07-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the parties.

This application for grant of regular bail arises out of Barachatti P.S. Case No. 349 of 2018 registered for the offences punishable under Sections 15, 18 and 20 of the Narcotic Drugs and Psychotropic Substance Act, 1985.

The petitioner's prayer for regular bail was earlier rejected twice by this Court firstly by an order dated 03.12.2018 passed in Cr. Misc. No. 65999 of 2018 and secondly 26.02.2020 passed in Cr. Misc. No. 49391 of 2019, taking note of the bar under Section 37 of the Act. While rejecting the petitioner's second application for bail by order dated 26.02.2020, the Court

Patna High Court CR. MISC. No.16272 of 2021(2) dt.28-07-2021 2/2 had clearly mentioned that the same cannot be entertained, as it will amount to reviewing the earlier order passed in a criminal case, which is not permissible.

For the same reason, this application cannot be maintained and is accordingly dismissed.

(Chakradhari Sharan Singh, J) AKASH/- U T