IN THE HIGH COUR T OF JUDICATURE AT PATNA Cr.Misc. No.8962 of 2011 Mahendra Prasad Versus The Central Bureau Of Investig ----------- For the petitioner : Mr. L.B. Singh, Advocate For the C.B.I. : Mr. Bipin Kumar Sinha, SC, C.B.I. ----------- 3 19.10.2011 Petitioner has challenged the order dated 11.01.2011 by which the learned Additional Special Judge, C.B.I. (Animal Husbandry, Patna) rejected his prayer so made under Section 307 of the Cr.P.C. in connection with R.C. Case No.63(A) of 1996 arising out of Special Case No.64 of 1996. Heard the learned counsel for the petitioner as well as learned Standing Counsel for the C.B.I. and also gone through the order impugned. The order impugned suggest that without adverting to the merit of the case, prayer of petitioner was refused in the background of refusal at an earlier occasion vide order dated 14.10.2010 (annexed as page no.176). I have occasion to go through both the orders with the help of respective counsels. At this juncture the learned Standing Counsel submitted that now the obligation rest upon the shoulder of petitioner. Therefore, learned lower court in stead of rejecting the prayer of the petitioner vide order dated 11.01.2011 should have considered that the petition dated 11.01.2011 filed by petitioner was in continuity with the earlier petition which 2 was disposed of on 14.12.2010 on technical ground more particularly as the petitioner failed to expose himself during commission of the trial. That means to say whatever deficiencies earlier petition contained, those were removed, emend and placed before the learned lower court. Taking into account the totality of event, the order impugned is set aside. Consequent thereupon petition is allowed. The matter is remitted back to the learned lower court to consider afresh whether the stand of the petitioner by filing petition dated 11.01.2011 embrocated the prayer in its continuity in the background of dubiety perceived by the Court over conduct of petitioner at an earlier occasion while passing the order dated 14.12.2010. PN (Aditya Kumar Trivedi, J.)