Patna High CourtCR. REV./199/2023dismissed

Akash Kumar @ Patlu v. The State Of Bihar

2023-10-13Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.199 of 2023 Arising Out of PS. Case No.-79 Year-2020 Thana- MALSALAMI District- Patna ====================================================== Akash Kumar @ Patlu Son Of Sri Pappu Prasad Resident Of Village- Bari Nagala, PS - Malsalami, District- Patna through his father and natural guardian Sri Pappu Prasad.

... ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the Respondent/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner, in the present revision application, is seeking setting aside of the order dated 31.01.2022 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Juvenile Court, Patna in Criminal Appeal No. 153/2021 arising out of Malsalami P.S. Case No. 79/2020 registered under Section 394 of the Indian Penal Code whereby and whereunder the learned Sessions Judge affirmed the order passed by the learned Juvenile Justice Board, Patna City and rejected the prayer for bail of the petitioner. He has got six criminal antecedents and is in custody since 21.07.2020.

3. Earlier, the prayer for setting aside of the same

Patna High Court CR. REV. No.199 of 2023(5) dt.13-10-2023 2/2 impugned order in Cr. Rev. No. 161 of 2022 filed by the petitioner was rejected by this Court vide order dated 18.07.2022, a copy of the order dated 18.07.2022 passed in Cr. Rev. No.161 of 2022 is Annexure '1' to the present application.

4. On perusal of Annexure '1' it appears that this Court had already upheld the impugned order dated 31.01.2022 passed in Cr. Appeal No. 153 of 2021. While rejecting the criminal revision earlier preferred by the petitioner, this Court did not grant him any liberty to file a fresh application on expiry of certain period. No liberty was reserved in favour of the petitioner, hence in the opinion of this Court, the petitioner cannot be allowed to challenge the same and one order once again by filing a fresh revision application.

5. This revision application is dismissed but with liberty to the petitioner to file an appropriate application for grant of bail before the competent court.

(Rajeev Ranjan Prasad, J) Rishi/- U T