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Patna High CourtCR. MISC./5492/2025bail rejected

Dinesh Ray @ Dinesh Rai v. The State Of Bihar

2025-03-19Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5492 of 2025 Arising Out of PS. Case No.-709 Year-2023 Thana- MANER District- Patna ====================================================== Dinesh Ray @ Dinesh Rai S/O Jawahar Ray @ Javahir Ray R/O Vill.- Ajaybganj,Ajaybgang, P.S- Bhagwan Bazar, Dist.- Saran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anant Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 147, 148, 149, 447, 307, 386, 379, 504, 506 and 120(B) of the Indian Penal Code and Sections 25(1-B)a, 26, 35 and 27 of the Arms Act.

3. As per allegation in the FIR, some miscreants including this petitioner were engaged in illegal sand mining and when the police reached at the place of occurrence, they started firing.

4. Learned counsel for the petitoner submits that petitioner has falsely been implicated in this case. He next submits that earlier the prayer for bail of this petitioner was

Patna High Court CR. MISC. No.5492 of 2025(3) dt.19-03-2025 2/2 rejected by this Court passed in Cr. Misc. No. 35249 of 2024. He next submits that petitioner is in custody since 02.102.2023 and nothing has been recovered from the possession of the petitioner.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. On perusal of the first information report, impugned order dated 19.01.2024 and report as submitted the learned trial Court dated 19.02.2025, it appears that the case is fixed for defence witness on 01.03.2025 and further submits that the trial is concluded within three months.

7. The petitioner is directed to cooperate in the trial and if the trial is not concluded with cooperation of the petitioner, the petitioner may renew his prayer for bail before the trial court and the trial court shall grant him bail to the petitioner, so I am not inclined to grant bail to the petitioner.

8. Prayer for regular bail of the petitioner is again rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T