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Judgment
Gautam Kumar Choudhary, J
Instant petition has been filed for modification of order dated 19.01.2023 passed by this Court in B.A. No.10628 of 2022 arising out of Barhi P.S. Case No. 0059/2022, dated 07.02.2022 for the offence under Sections 147, 148, 149, 341, 323, 302, 109, 120B of the IPC, by which regular bail application of the petitioner was rejected.
It is submitted by the learned counsel on behalf of petitioner that his earlier bail application has been rejected mainly on the ground that Diwakar Pandey @ Diwakar Kumar had stated in his statement under Section 164 of the Cr.P.C. regarding the complicity of this petitioner in the offence. However, in the statement of Diwakar Pandey which has been annexed the name of this petitioner does not appear.
It is submitted that investigation has been taken over by the C.B.I. 16.09.2022, however, no investigation has been done by the C.B.I. and counter affidavit has been filed only on the basis of the investigation earlier conducted by the general police. The petitioner is languishing in jail custody for one year and charge sheet has not been submitted.
It is submitted that the instant petition is not maintainable for modification as the instant petition in disguise is a prayer for review today earlier order passed by this Court.
It is submitted by learned A.S.G.I. that statement of Diwakar Pandey was recorded both under Sections 161 & 164 of the Cr.P.C. Name of this petitioner has not come in the statement under Section 164 of the Cr.P.C., however, it has come in the statement under Section 161 of the Cr.P.C and that of witnesses Rupesh & Keshri.
I do not see any reason to revisit the earlier order passed by this Court, only on the ground that one of the witness had stated the name of this petitioner in his statement under section 161 and not under section 164 of the Cr.P.C.
With regard to the plea for default bail, since the chargesheet has already been filed therefore, the said right stands extinguished.
Criminal Miscellaneous Petition stands dismissed.