Dismissed¶20

Dharmendra Yadav @ Dharmendra Kumar Yadav v. The State of Bihar

Patna HC5 Mar 2025CR. MISC./26022/2024

Case brief

AI extract

What is this about?

Keywords: regular bail; second bail application; renewal of bail prayer; no fresh ground for reconsideration; bail rejected; expedite trial; custody since 18.05.2023; charge framed; two witnesses examined; Khajekalan P.S. Case No. 271 of 2014; Patna; Sections 147, 148, 149, 324, 307, 379, 302, 120(B) IPC; Section 27 Arms Act; murder of informant's husband; gunshot injury at khatal; earlier rejection order dated 30.01.2024 in Cr. Misc. No. 68781 of 2023; absconding accused; Sunil Dutta Mishra, J.; Dharmendra Yadav @ Dharmendra Kumar Yadav versus The State of Bihar.

What did the court decide?

The Court found that no fresh ground for reconsideration of bail had been made out by the petitioner and was therefore not inclined to grant bail. ¶20

Dharmendra Yadav @ Dharmendra Kumar Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26022 of 2024

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Arising Out of PS. Case No.-271 Year-2014 Thana- KHAJEKALA District- Patna

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======================================================

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Dharmendra Yadav @ Dharmendra Kumar Yadav Son of Rameshwar Yadav Resident of Mohalla- Rai Jay Krishna Road, Gurhatta, Bakhshi, P.S.Khajekalan, Distt.-Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

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9 05-03-2025

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Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

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Petitioner seeks regular bail in connection with Khajekalan P.S. Case No.271 of 2014 registered under Sections 147, 148, 149, 324, 307, 379, 302, 120(B) of the Indian Penal Code and under Section 27 of the Arms Act.

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As per prosecution case, the petitioner along with other co-accused persons have gunned down the husband of the informant by entering her cattle house due to previous enmity and also caused gunshot injury to her staff at Khatal (cattle house).

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Learned senior counsel for the petitioner submits

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that this is the second bail petition filed on behalf of the

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Patna High Court CR. MISC. No.26022 of 2024(9) dt.05-03-2025 2/3

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petitioner. Earlier the prayer for bail of the petitioner had been rejected by this Court vide order dated 30.01.2024 passed in Cr.Misc.No.68781 of 2023 with liberty to renew his prayer for bail on fresh ground, if any, and on the basis of material available during his trial after framing of charge. He further submits that charge has been framed and two witnesses have been examined. Petitioner is in custody since 18.05.2023 and trial is not progressing. Accordingly, the petitioner may be granted bail.

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Learned A.P.P. for the State has opposed the prayer for bail stating that there is direct allegation of firing upon the deceased against the petitioner and earlier petitioner was absconding. Now, the trial is going on. It is further submitted that there is no fresh ground for reconsideration of bail, therefore, the prayer for regular bail of the petitioner may be rejected.

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Having considered the facts and circumstances of the case and the fact that no fresh ground for reconsideration of bail has been made out by the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

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