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Patna High CourtCR. MISC./23786/2024bail granted

Dharmendra Yadav @ Dharmendra Kumar v. The State Of Bihar

2024-06-21Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23786 of 2024 Arising Out of PS. Case No.-444 Year-2020 Thana- ARA NAGAR District- Bhojpur ====================================================== Dharmendra Yadav @ Dharmendra Kumar S/o Late Nand Kumar @ Late Nand Kumar Yadav R/o Vill - Charkhambhagali, P.S. - Ara Town, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-06-2024 Heard learned counsel for the Petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Session Trial Case No. 11 of 2024 arising out of Ara Town P.S. Case No. 444 of 2020 dated 26.09.2020 registered for the offences punishable under Sections 452, 307, 504, 506 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Mr. Prabhat Kumar Singh, learned counsel appearing for the petitioner submits that this is the third attempt of the petitioner to get the relief of regular bail and his last bail petition bearing Cr. Misc. No. 60419 of 2023 was rejected by this Bench vide order dated 03.11.2023 with giving him a liberty

Patna High Court CR. MISC. No.23786 of 2024(2) dt.21-06-2024 2/3 to renew his prayer for bail after the framing of charge and in the light of said liberty, the petitioner has again come before this Bench for the same relief as upon the petitioner, charges have been framed on 09.02.2024. Learned counsel further submits that the petitioner has been languishing in jail since 28.01.2022. It is further submitted that as per the statement of one witness namely, Rajesh Kumar, the main assailant was Dhanjee Yadav, who has been granted bail by a co-ordinate Bench of this Court vide order dated 27.02.2023 passed in Cr. Misc. No. 21493 of 2022.

4. Mr. Aditya Narayan Singh.1, learned APP appearing for the State has opposed the prayer for bail of the petitioner.

5. Considering the above submissions and mainly taking into account petitioner's custody period as well as the fact that the charges upon the petitioner have already been framed on 09.02.2024 and the privilege of bail having been granted to above-mentioned co-accused person, this Court is now inclined to accept the prayer for bail of the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.23786 of 2024(2) dt.21-06-2024 3/3 concerned Court in connection with Session Trial Case No. 11 of 2024 arising out of Ara Town P.S. Case No. 444 of 2020. (Shailendra Singh, J) maynaz/- U T