IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.248 of 2009 SHISHIR KUMAR @ SHISHIR YADAV Versus STATE OF BIHAR & ORS ----------- For the petitioner : Mr. Ram Sumiran Rai, Adv. For the State : Mr. Md. Rahman…..G.P.VI. 2 27.03.2009 This application has been filed with a prayer for restraining the respondents from proceeding against the petitioner in Sabehpur Kalam P.S.Case No. 146 of 2003 under Sections 307 IPC and 27 Arms Act. Office has reported that this petition is not maintainable inasmuch as earlier the petitioner had filed Cr.W.J.C.No. 409 of 2007 and vide order dated 27th January 2009 the same has been dismissed on considering the materials available on record. This Court’s previous order dated 27th January 2009 is Annexure-1 to this petition. This Court had disposed of the matter considering the counter affidavit filed by the respondents and finding that during the course of instigation, evidence had come against the petitioner. In such view of the matter, the Office has rightly reported that this application is not maintainable on the grounds which have already been decided on merit in petitioner’s earlier petition (Cr.W.J.C.no. 409 of 2007. Under the circumstances, this petition stands dismissed as not maintainable. Jay/ (C.M.Prasad,J)