Patna High CourtCR. MISC./40683/2014rejected

Buchha Sharma @ Mukesh Sharma v. The State Of Bihar

2015-03-18Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40683 of 2014 Arising Out of PS.Case No. -141 Year- 2010 Thana -GOH District- AURANGABAD ====================================================== Buchha Sharma @ Mukesh Sharma S/o Sri Udho Sharma, resident of Village- Edari, P.S. - Uphara, District- Aurangabad .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Madhuranand Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

18-03-2015 Heard Sri Krishna Prasad Singh, learned Senior Counsel, who was assisted by Sri Rakesh Singh, learned counsel for the petitioner and Sri Madhuranand Jha, learned Addl. Public Prosecutor.

This is the second attempt for grant of bail in connection with S.Tr. no.415/2012/100/13 arising out of Goh P.S. Case no.141 of 2010 registered for the offence under Sections 302,307, 326/120B of the Indian Penal Code and 27 of the Arms Act. Earlier, the prayer for bail of this petitioner was rejected on 30.09.2013 vide Cr.Misc.No.28343 of 2013 in view of the fact that the petitioner was one of the main assailants in the present case. Earlier, by order dated 26.11.2014 a report was called for from the court below regarding stage of the case, which has been received

Patna High Court Cr.Misc. No.40683 of 2014 (4) dt.18-03-2015 2/2 and kept at Flag-A. As per report, out of 13 witnesses, three have already been examined.

Keeping in the fact that the petitioner is in custody since 16.07.2012 the Court is of the opinion that the trial court should take appropriate steps for early disposal of the case. The prayer for bail again stands rejected with a direction to the court below to proceed with the trial at least twice in a week, so that trial may be concluded without unnecessary delay. The Superintendent of Police, Aurangabad may take proper steps for securing attendance of the witnesses.

Let a copy of this order may be communicated to the concerned Superintendent of Police.

(Rakesh Kumar, J) NKS/- U