Dhiraj @ Dhiru Jee @ Dhanuk @ Dhiru ... vs The State Of Bihar
2021 Latest Caselaw 4169 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 27427 of 2021
      Arising Out of PS. Case No.-13 Year-2017 Thana- ROSHANGANJ District- Gaya
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Dhiraj @ Dhiru Jee @ Dhanuk @ Dhiru Yadav, aged about 28 years, Gender- Male, Son of Bangali Yadav, Resident of village- Bankar Paharpur, PS- Amas, District- Gaya.

... ... Petitioner/s Versus The State of Bihar

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

 For the Petitioner/s    :       Mr. Bhaskar Shankar, Advocate
 For the State           :       Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 18-08-2021

The matter has been heard via video conferencing.

2. Heard Mr. Bhaskar Shankar, learned counsel for the

petitioner and Mr. Md. Arif, learned Additional Public Prosecutor

(hereinafter referred to as the 'APP') for the State.

3. The petitioner is in custody in connection with

Roushanganj PS Case No. 13 of 2017 dated 29.01.2017, instituted

under Sections 414 of the Indian Penal Code, 25(1-B)(a), 26 and

35 of the Arms Act, 1959 and 17 of the Criminal Law Amendment

Act, 1935 Patna High Court CR. MISC. No.27427 of 2021 dt.18-08-2021

4. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by judgment and order dated

06.01.2020 passed in Cr. Misc. No. 80133 of 2019.

5. The allegation against the petitioner is that he was the

commander of an extremist outfit.

6. Learned counsel for the petitioner submitted that

since the matter has already been dismissed on merit earlier, the

only ground he would urge is that the petitioner has been in

custody since 26.09.2019 i.e., almost two years.

7. Learned APP, submitted that the Court has noted in

the earlier order of rejection that the persons who were arrested by

the police had specifically stated that they were working under the

leadership of the petitioner and more importantly, there are 16

other cases pending against the petitioner right from the year 2010

under various police station which were of similar nature under

serious sections of various penal laws. Thus, it was submitted that

the ground of incarceration for about two years is not worthy of

consideration for release of the petitioner on bail.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

finds that no fresh grounds or mitigating circumstances have been Patna High Court CR. MISC. No.27427 of 2021 dt.18-08-2021

brought to the notice of the Court for reconsideration of the prayer

for grant of bail to the petitioner.

9. Accordingly, the petition stands dismissed.

10. However, in view of submissions of learned counsel

for the petitioner, let the trial be expedited.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T