IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6406 of 2011 SUBODH KUMAR MANDAL @ SUBODH MANDAL, son of Ram Uday Mandal, resident of village Tilak Tajpur- Pota, P.S. Runi Saidpur, District Sitamarhi Versus THE STATE OF BIHAR ----------- 2. 18.3.2011 Heard Mr. N.A.Shamshi, learned counsel for the petitioner and the counsel for the State. The prayer for bail of the petitioner was earlier rejected by an order dated 7.10.2010 in Cr.Misc.No. 34200/2010 giving him liberty to renew his prayer after a period of one year. Mr. Shamshi would submit that though the period of one year has not been completed but then the petitioner has been able to find a fresh material, inasmuch as co-accused Gopal Jha was released on bail by an order dated 12.10.2010 in Cr.Misc.No. 37741/2010. In the opinion of this Court the case of the petitioner was dealt on merit in the last order dated 7.10.2010 and it was found therein that the petitioner was apprehended at the spot with snatched motorcycle and his involvement was fully supported by a number of independent 2 witnesses in the case diary. In the order of this Court dated 12.10.2010 the only reason for grant of bail to Gopal Jha is his having no criminal antecedent. This Court had not considered as to whether the allegation of the petitioner is on the same footing as that of Gopal Jha and therefore, the earlier order of this Court dated 7.10.2010 also not being brought to the notice of this Court while passing the subsequent order dated 12.10.2010 cannot be a ground for reappraising the materials on record, especially when the prayer of the petitioner for bail was already rejected on merits. That being so, the period of one year having been not completed and the petitioner also not moved the court below as directed in the earlier order dated 7.10.2010 cannot maintain this bail application. This application is, accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/