Kishori Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9906 of 2018 Arising Out of PS. Case No.-77 Year-2017 Thana- Sursand District- Sitamarhi ====================================================== Kishori Sah, Son of late Dukhharan Sah, Resident of Village- Bhawanipur, P.S. Singhwara, District- Darbhanga.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bikramdeo Singh, Adv.

Mr.Pushpendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Madan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-02-2018 Heard Sri Bikramdeo Singh, learned counsel, assisted by Sri Pushpendra Kumar Singh, learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor. This is the second attempt for grant of bail to the petitioner, who is in custody in Sursand P.S.Case No.77 of 2017 registered for the offence under Sections 363, 366, 376(D)/34 of the Indian Penal Code , Sections 67(a), 67(b) of the Information and Technology Act and Section 30(a) of the Bihar Prohibition and Excise Act,2016.

Learned counsel for the petitioner tried to persuade the Court that there was no admissible evidence on record, even then the petitioner was made accused and he is languishing in jail since 23.03.2017. Accordingly, a prayer has been made for

Patna High Court Cr.Misc. No.9906 of 2018(3) dt.28-02-2018 2/2 granting bail to the petitioner.

Besides hearing learned counsel for the parties, I have perused the materials on record and after going through the same, I am of the opinion that once the prayer for bail of the petitioner was rejected on merit , there is no reason to again examine the same, since it will amount to review of my earlier order without any specific change of circumstance. The petition stands dismissed.

(Rakesh Kumar, J) nawalkrs/- U T