Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60419 of 2023 Arising Out of PS. Case No.-444 Year-2020 Thana- ARA NAGAR District- Bhojpur ====================================================== Dharmendra Yadav S/O Nand Kumar @ Nand Kumar Yadav R/O VillageCharkhambhagali, 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. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-11-2023 1.

The instant criminal miscellaneous petition has been wrongly listed in the heading of 'Office Notes' while it ought to have been listed in the heading of 'Admission'. 2.

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

3.

Petitioner seeks regular bail in connection with Ara Town P.S. Case No. 444 of 2020 dated 26.09.2020 registered for the offences punishable under Sections 452, 307, 504, 506 and 34 of Indian Penal Code and Section 27 of Arms Act. 4.

This is second attempt of the petitioner for the relief of regular bail after the petitioner's earlier attempt for the same relief was rejected by this Court vide order dated 18.04.2023 passed in Cr. Misc. No. 50156 of 2022 preferred by this petitioner.

Patna High Court CR. MISC. No.60419 of 2023(4) dt.03-11-2023 2/2 5.

It is submitted by learned counsel for the petitioner that the petitioner has been languishing in jail since 28.01.2022 and his case is at initial stage and during investigation material witnesses made contradictory statements with regard to the main assailant, who is said to have fired at the informant and as per the statement of one witness namely, Rajesh Kumar, the main assailant was Dhanjee Yadav, who has been granted bail by a coordinate Bench of this Court vide order dated 27.02.2023 passed in Cr. Misc. No. 21493 of 2022.

6.

Learned APP for the State has opposed the bail prayer of the petitioner.

7.

Considering the seriousness of the allegation appearing against this petitioner from the fardbeyan of the informant, who is stated to be the injured, this Court is not inclined to accept the petitioner's second bail prayer. Accordingly, his prayer for bail stands rejected. 8.

Petitioner may renew his bail prayer after the framing of charge.

(Shailendra Singh, J) Shahnawaz/- U T