IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.44 of 2008 BIRJU PANERI Versus 1. STATE OF BIHAR 2. BISHWANATH PRASAD @ BISHWANATH SAH 3. BAIJNATH PD. For the petitioner :Mr. Ramesh Kumar Verma For the State :Mr.A. Sharma, APP --- 3. 15.01.2009 Heard. The petitioner takes exception to the judgment and order of acquittal recorded by the learned trial court. By the judgment impugned the accused (Opp. Parties herein) were tried and acquitted of the charge punishable under section 326 IPC. This Court perused the judgment. P.W.3 in his deposition has very candidly stated that he was not made an accused previously in any case and that he was not sent to jail custody in any case. It appears that this petitioner was made an accused in Ara Nagar p.s.case no. 21/96 lodged by one Shyam Bihari Prasad in which he was made prime accused and was sent to jail. The said case relates to demand of Rangdari and on refusal thereof firing at the victim. The learned trial court takes into account that admittedly the occurrence as per the prosecution had taken place on 11.5.1996, whereas the complainant filed the complaint on 4.12.1996. In the light of the fact appearing from the record, the - 2 - consideration of the matter by the learned trial court cannot be faulted. No other infirmity has been shown to this Court. The application is devoid of merit which is accordingly dismissed. ( Kishore K. Mandal )