IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1491 of 2008 SHRI BHAGWAN PRASAD S/O BISUNI PRASAD R/O VILL. DIXITPUR, P.S. G.B.NAGAR, DIST. SIWAN. --- PETITIONER Versus 1. THE STATE OF BIHAR 2. AWADH KISHOR TIWARY @ BIKAN TIWARY S/O NARBADA TIWARY 3. SIYARAM TIWARY SON OF SHEO KUMAR TIWARY BOTH R/O VILL. CHACHOPALI, P.S. G.B.NAGAR, DIST. SIWAN. --- OPP.PARTIES. For the Petitioner : Mr. Ram Chandra Sahni, Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 02 10.08.2010 Heard learned counsel for the petitioner and State. Petitioner who is maker of the F.I.R. (Exhibit-1) assails the judgment and order dated 22.09.2008, passed by learned trial Court in Sessions Trial no. 179 of 2003, whereby, on a consideration of the evidence brought on record by the prosecution, it has been found and held that the prosecution has not been able to prove the case/charge beyond shadow of all reasonable doubts and thus acquitted of the charge(s). I have perused paragraph nos.18, 19, 20 and 21 of the impugned order. According to the informant the occurrence had taken place at his ‘Darwaja’ in village Dixitpur. PW.3 to some extent supports the aforesaid stand of the informant. PWs 1 and 2 in their respective depositions stated about a different place of occurrence other than the house of the informant which is a village road close to the shop of one Vinod Singh. In the backdrop of these contradictions surfacing in the prosecution case, learned trial Court has found that non examination of the Investigating Officer 2 substantially caused prejudice to the accused persons. The finding of the Court is that the place of occurrence in the present case has not been established. In the back drop of these facts the evidence brought on record was/were appraised and it was concluded that the prosecution has not been able to prove the charge(s) beyond shadow of all reasonable doubts. This Court does not find any patent illegality in such consideration by learned trial Court. There is no merit in this application. It is, accordingly, dismissed. Sym ( Kishore K. Mandal, J.)