Krishna Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13706 of 2021 Arising Out of PS. Case No.-126 Year-2019 Thana- DANDARI District- Begusarai ====================================================== Krishna Kumar Sharma, Son of Chhotan Sharma, R/o Village- Tettri, P.S.- Dandari, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S.K. Lal, Advocate Mr.Pritish Kumar Lal, Advocate For the Opposite Party/s :

Mr.Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-09-2021 The matter has been taken up today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology.

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

The petitioner seeks bail in connection with Dandari P.S. Case No.126 of 2019 registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code, which is pending in the court of learned A.C.J.M.-V,

Patna High Court CR. MISC. No.13706 of 2021(3) dt.08-09-2021 2/3 Begusarai.

The allegation against the petitioner is that he has given dagger blow on the husband of the informant, resulting in his death.

Learned counsel for the petitioner submits that the altercation took place in public view in the background of the land dispute, which is apparent from the F.I.R. During investigation however, the Pach at whose Darwaza, the alleged occurrence has taken place has not supported the case nor any independent witnesses has supported the occurrence. The petitioner is stated to be in custody since 16.11.2019.

Learned APP has opposed the prayer for bail.

Referring to the post-mortem report, it is submitted that multiple stab injuries have been found on the victim. Considering the rival submissions and having regard to the nature of allegation and the materials in the case diary, including the post-mortem report, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the learned APP. Prayer is rejected, for the present.

The trial court should conclude the trial without

Patna High Court CR. MISC. No.13706 of 2021(3) dt.08-09-2021 3/3 any undue adjournments or unnecessary delay.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

(Madhuresh Prasad, J) PNM U T