Ashok Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5281 of 2023 Arising Out of PS. Case No.-273 Year-2022 Thana- SUPAUL District- Supaul ====================================================== ASHOK SHARMA Son of Shri Ramlochan Sharma R/V- Chak Dumariya Ward no. 13, P.S- Supaul, Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr.Advocate : Mr.Amarnath Jha, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-07-2023 Heard Mr. Krishna Prasad Singh, learned senior counsel appearing for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 07.05.2022 in connection with S.Tr.No.223 of 2022 arising out of Supaul P.S.Case No.273 of 2022, F.I.R. dated 16.03.2022 registered for the offence punishable under Sections 363,506,34 of IPC and subsequently added Sections 302 and 201 of IPC. Allegation against the petitioner regarding abduction of the victim Prince Kumar and subsequent murder of the victim in collusion with other co-accused persons in furtherance of their common intention with their oblique motive. Learned senior counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case merely on the basis

Patna High Court CR. MISC. No.5281 of 2023(3) dt.11-07-2023 2/2 of the suspicion. Further submits that the police, after investigation, submitted the chargesheet against the petitioner. Vide order dated 29.04.2023, a report was called for with regard to the stage of the trial. Report of the learned Trial Court dated 12.05.2023 reveals that the charge has already been framed against the petitioner and other co-accused persons on 08.07.2022 and out of ten chargesheet witnesses, six nonofficial chargsheet witnesses i.e. P.W. 1 to P.W. 6 have already been examined and cross-examined also and the case is pending for rest/ four of the chargesheet witnesses.

Considering the report of the learned Trial Court that the trial is at the advance stage, I am not inclined to enlarge the petitioner on bail in connection with S.Tr.No.223 of 2022 arising out of Supaul P.S.Case No.273 of 2022 pending in the court of learned District and Sessions Judge, Supaul. Prayer is refused.

However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Nitesh/- U T