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Patna High CourtCR. MISC./27345/2018dismissed

Dharmendra @ Dharmendra Yadav @ Bhola @ Bhola Yadav @ Bindi Yadav v. The State Of Bihar

2018-05-07Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27345 of 2018 Arising Out of PS. Case No.-421 Year-2013 Thana- SHERGHATI District- Gaya ====================================================== Dharmendra @ Dharmendra Yadav @ Bhola @ Bhola Yadav @ Bindi Yadav, son of Late Bhui Yadav, resident of village - Nawada, P.S. - Raushanganj, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha For the Opposite Party/s :

Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 07-05-2018 Heard Sri Sudhir Kumar Sinha, learned counsel for the petitioner and Sri Chandra Bhushan Prasad, learned Additional Public Prosecutor.

The sole petitioner, who was named as accused in Sherghati ( Dobhi) P.S. Case No. 421 of 2013, registered for the offence under Sections 147, 148, 149, 302, 307, 326, 332, 333, 353, 121A, 124A, 427, 120B/34 of the Indian Penal Code, 1860 , Section 27 of the Arms Act, 1959 and Section 17 of the Criminal Law Amendment Act , has prayed for grant of bail. It was submitted by learned counsel for the petitioner that though petitioner was shown to be named accused in the F.I.R., there was no mentioning of parentage. He further submits that only on false accusation petitioner has been made

Patna High Court Cr.Misc. No.27345 of 2018(2) dt.07-05-2018 2/2 accused. He has also argued that after being arrested in the present case, petitioner has been remanded in one another case. He further submits that one of the co-accused namely - Bhim Yadav @ Hari Mohan Yadav @ Hari Mohan @ Pahari Ful @ Lulha @ Hira Mohan Yadav has been granted bail on 03.10.2017 vide Cr. Misc. No. 30741 of 2017.

Considering the seriousness of accusation as well as the fact that though petitioner was named in F.I.R. and was charge -sheeted long back in the year 2013, he could be arrested only on 28.12.2017, in those circumstances, there is no reason to consider the prayer for bail.

The petition stands dismissed.

(Rakesh Kumar, J) praful/- U T