IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46827 of 2007 Gopal Singh, Son of Late Singheshwar Prasad Singh, resident of Village- Bandhaw, Police Station- Sajour(Shahkund), District- Bhagalpur. ------Petitioner. -Versus- 1. The State of Bihar. 2 Rash Bihari Singh, S/O Sigheshwar Prasad Singh, R/O Bandhaw, P.S. Sajour, District- Bhagalpur. ------Opposite Parties. -------- 3. 27.01.2009. Heard learned counsel for the petitioner and the State as also for opposite party no.2. The petitioner is aggrieved by the order dated 25.5.2007 passed by the Judicial Magistrate, Ist Class, Bhagalpur in G.R. No.420 of 1999/ Tr. No. 303 of 2007 rejecting the application under Section 311 of Cr. P. C. which was affirmed in Cr. Revision No. 174 of 2007 by the District and Sessions Judge, Bhagalpur by the order dated 12.7.2007. From the facts, it appears that the petitioner’s application under Section 311 of Cr. P.C. was allowed by an order dated 3.4.2007 on cost of Rs.1,000/-. The petitioner again went up in revision which was dismissed. Thereafter he was given sufficient opportunity by three dates but he did not lead evidence. On the date fixed for judgment, he again filed an application under Section 311 of Cr. P.C. This Court has gone through the order of the revisional court and finds itself in full agreement with the reasoning therein that from his is own conduct it was very obvious that the petitioner was adopting dilatory tactics and that there were grounds to grant him - 2 - further indulgence. The application is rejected. U.K. (Navin Sinha,J)