Sudhir Kumar @ Sudhir Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21197 of 2024 Arising Out of PS. Case No.-126 Year-2023 Thana- HULASGANJ District- Jehanabad ====================================================== Sudhir Kumar @ Sudhir Sharma son of Late Rameshwar Singh Resident of Village - Imadpur, PS - Hulasganj, Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP For the Informant :

Mr. Manish Kumar No. 2, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner, learned counsel for the informant, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with S.T. No. 15 of 2024, arising out of Hulasganj P.S. Case No. 126 of 2023, instituted for the offences punishable under Sections 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that, the accused persons including the petitioner fired upon the uncle of the informant, namely, Santosh Kumar due to which he died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.21197 of 2024(5) dt.02-08-2024 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is no specific allegation attributed towards the petitioner, rather the allegation levelled against the petitioner is general and omnibus in nature. Learned counsel for the petitioner further submitted that as per paragraph 59 of the case diary, no phone call was made to the deceased by the petitioner after 06:30 p.m. on the alleged date of occurrence. The petitioner has surrendered suo motu on 29.08.2023 and has got two criminal antecedents in which he is acquitted in one case and is on bail in the other case.

5. Learned counsel for the informant and learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel for the informant has also submitted that the petitioner is named in the F.I.R. and there is specific allegation of murdering the uncle of the informant. Hence, the petitioner does not deserve the privilege of bail.

6. A report was called for with regard to the present stage of trial. It is submitted that out of seven witnesses, two witnesses along with the informant have been examined and rest four witnesses are yet to be examined.

Patna High Court CR. MISC. No.21197 of 2024(5) dt.02-08-2024 3/3

7. Considering the nature of accusation against the petitioner and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

8. Prayer is rejected. The Trial Court is directed to expedite the trial expeditiously. However, if the trial is not concluded within a period of six months from the date of receipt/production, the petitioner will have liberty to renew his prayer for bail in the Court below.

(Rudra Prakash Mishra, J) Rajorshi/- U T