Pushkar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.853 of 2022 Arising Out of PS. Case No.-146 Year-2020 Thana- JANTA BAZAR District- Saran ====================================================== XYZ Under the guardianship of his father namely Shashi Shekhar Pandey, gender male, aged about 59 years, S/o Late Chandeshwar Pandey, R/o Basahi, Chak Hafiz, P.S.- Janta Bazar, District- Saran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sarvesh Singh, Advocate For the State :

Ms. Usha Kumari 1, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned Spl.PP for the State.

The petitioner in the present case has once again prayed for setting aside of the judgment dated 28.09.2021 passed by learned Additional Sessions Judge, Saran at Chapra in Cr. (Juvenile) Appeal No. 28 of 2021 whereby and whereunder the order dated 31.08.2021 rejecting the prayer for bail of the petitioner passed by learned Juvenile Justice Board, Saran in connection with J.J.B. Case No. 1118 of 2021 arising out of Janta Bazar P.S. Case No. 146 of 2020 registered for the offences punishable under Sections 147, 148, 149, 447, 341, 302, 120(B), 506 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(1)(r)(s), 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989

Patna High Court CR. REV. No.853 of 2022(2) dt.17-05-2023 2/2 has been affirmed.

Earlier, the prayer of the petitioner was rejected by this Court vide order dated 22.06.2022 passed in Cr. Revision No. 749 of 2021 without reserving any right in favour of the petitioner to renew his prayer against the same impugned order. Since this Court has already upheld the earlier order passed in Cr. (Juvenile) Appeal No. 28 of 2021, this Court is of the considered opinion that another revision against the same order cannot be entertained.

This revision application is, thus, being disposed of with liberty to the petitioner to file a fresh application before the competent court/forum as the case may be for appropriate relief showing the circumstances at present. If such an application is filed before the court below/forum as the case may be, the same will be considered afresh without being prejudice by the earlier order of this Court.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T