Patna High CourtCR. MISC./23956/2024dismissed

Dhiraj Tiwary v. The State Of Bihar

2024-03-20Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23956 of 2024 Arising Out of PS. Case No.-40 Year-2023 Thana- DAUDPUR District- Saran ====================================================== Dhiraj Tiwary S/O Late Anil Tiwary R/O Village- Ramgarh, P.S- Siswan, (CHAINPUR O.P.), Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh, Advocate For the State :

Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 19.08.2023 in Cr. Misc. No. 49964 of 2023.

3. The petitioner seeks bail in connection with Daudpur P.S. Case No. 40 of 2023 registered for the offence under Sections 25(1-b)a, 26, 35 of the Arms Act.

4. The following order was passed on 19.08.2023 in Cr. Misc. No. 49964 of 2023:

"Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Daudpur P.S. Case No. 40 of 2023 registered for the offence under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per the prosecution case, the

Patna High Court CR. MISC. No.23956 of 2024(2) dt.20-03-2024 2/2 petitioner was caught red handed while he was fleeing away after committing loot in a Kirana shop. He is also said to have fired upon one person. There is recovery of country made pistol from the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is in custody since 05.02.2023, he is quite innocent and has not committed any offence.

5. Learned A.P.P. has vehemently opposed the prayer for bail and has submitted that this petitioner has three criminal antecedents.

6. Considering the allegations levelled against the petitioner and the criminal antecedents, I am not inclined to grant bail to the petitioner.

7. Accordingly, this application is dismissed.

8. The Court below is directed to expedite the trial of the petitioner."

5. In these circumstances, no ground for review of the earlier order dated 19.08.2023 is made out.

6. Accordingly, this application is again dismissed. (Sandeep Kumar, J) P. Kumar U T