Dhananjay Ishwar @ Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56919 of 2017 Arising Out of PS. Case No.-8 Year-2016 Thana- UJIYARPUR District- Samastipur ====================================================== Dhananjay Ishwar @ Dhananjay Kumar, Son of Ram Sewak Ishwar, Resident of Village- Bharaul, P.S.- Bachwara, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar For the Opposite Party/s :

Mr. SMT. RITA VERMA ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 25-01-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Ujiyarpur P.S. Case No.8 of 2016, registered under Sections 341/386/307/34 of the Indian Penal Code as well as under Sections 3/4 of the Explosive Substance Act.

Allegation in brief is that the petitioner along with other co-accused came and made demand of extortion from the informant and when the informant refused then the petitioner put AK47 on his chest and threw bomb which did not explode. Learned counsel for the petitioner submits that another coaccused Golden Kumar has been admitted to bail by a coordinate Bench of this Court by order dated 22.11.2017, passed in Cr. Misc. No.55187 of 2017. However, this petitioner

Patna High Court Cr.Misc. No.56919 of 2017(4) dt.25-01-2018 2/2 was implicated due to previous enmity as his cousin was killed by the other side.

Learned counsel for the State submits that another coaccused Golden Kumar was granted bail after eleven months of custody and against him no overt act was alleged and the petitioner has also criminal antecedents.

Having considered the said facts and circumstances, prayer of bail of the petitioner is rejected in connection with Ujiyarpur P.S. Case No.8 of 2016, giving rise to Sessions Trial No.536 of 2017, pending in the court of learned F.T.C.-II, Samastipur. However, the trial court is directed to expedite the trial and preferably conclude the same within a year. If the trial is not concluded within the stipulated period, the petitioner may renew his prayer of bail.

(Arun Kumar, J) S.KUMAR/- U T