Patna High CourtCR. MISC./33376/2017dismissed

Sanjeev Kumar @ Munna Sharma v. The State Of Bihar

2017-08-02Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.33376 of 2017 (3) dt.02-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33376 of 2017 Arising Out of PS.Case No. -255 Year- 2004 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Sanjeev Kumar @ Munna Sharma son of Late Gopal Sharma Resident of Village - Ikil, P.S. - Makhdumpur, District Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Thakur Mr. Nilesh Kumar For the Opposite Party/s : Mr. Sri Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2017 The petitioner seeks regular bail in connection with Makhdumpur P.S. Case No. 255 of 2004, registered for offences punishable under Sections 302 and 120(B) of Indian Penal Code. Allegation against the petitioner is of firing on the deceased.

It has been submitted on behalf of the petitioner that though there is allegation of firing against the petitioner on the deceased on his thigh, however, the person against whom there was allegation of firing on the head of the deceased and due to which deceased died, has already been acquitted in trial. It has further been submitted that though the case is of year 2004 and petitioner was arrested in the year 2017 but due to fear of threat of his life, he was living outside the State and now has been in

Patna High Court Cr.Misc. No.33376 of 2017 (3) dt.02-08-2017 judicial custody since 27.04.2017.

Learned counsel for the State opposed the prayer for bail. Having heard both sides, considering the fact that in this case charge-sheet was submitted against the petitioner vide order dated 21.07.2007, declaring the petitioner as an absconder and due to which the case of other co-accused was separated, as such, considering the conduct of the petitioner, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, since the case is of the year 2004, the trial court is directed to expedite the trial and try to conclude it within a period of nine months.

(Vinod Kumar Sinha, J) sunil/- U T