Rudal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15502 of 2019 Arising Out of PS. Case No.-194 Year-2018 Thana- ALAMNAGAR District- Madhepura ====================================================== Rudal Sharma Son of Late Ganeshi Sharma R/o village- Jagdishpur Bazar, P.S.- Alamnagar, District- Madhepura.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar 1 For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Alamnagar P.S. case No.194 of 2018 registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act, pending in the court of A.C.J.M., Udakishunganj (Madhepura).

Allegation is that the petitioner and co-accused Kailash Mehta took out three-nuts from their waist and shot two pellets upon the husband of the informant, namely, Shiv Mehta, due to which her husband died on the spot.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 8.9.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. Two persons are

Patna High Court CR. MISC. No.15502 of 2019(5) dt.24-07-2019 2/2 alleged to have fired upon the victim. One of them is the petitioner. Postmortem report indicates that there is one gun shot injury with wound of entry and wound of exit. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. Specific allegation of firing is made against the petitioner. The petitioner is also one of the assailants.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T