Tribhuwan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20167 of 2023 Arising Out of PS. Case No.-9 Year-2019 Thana- RAGHOPUR District- Supaul ====================================================== TRIBHUWAN SHARMA S/o Duryodhan Sharma Resident of villageDaulatpur, Bhagata Tola, P.S.-Raghopur, District-Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jata Shankar Jha, Advocate For the Opposite Party/s :

Md. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

This is the third attempt of the petitioner to obtain bail in connection with Sessions Trial No.216/2019, arising out of Raghopur P.S. Case No.09 of 2019, registered for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 354B, 379, 504, 506 and 302 of the I.P.C.

3.

Earlier the prayer for bail of the petitioner has been rejected by this Court vide orders dated 16.01.2020 and 17.11.2021 passed in Cr. Misc. No.79299 of 2019 and Cr. Misc. No.56123 of 2021, respectively. The petitioner is in custody since 15.02.2019.

4.

The allegation against the petitioner is that he had given repeated assault by sword on the head of the deceased which

Patna High Court CR. MISC. No.20167 of 2023(3) dt.19-04-2025 2/2 proved fatal. The specifically attributed assault to the petitioner stands corroborated from the post-mortem report. 5.

From the supplementary affidavit filed on behalf of the petitioner it appears that out of nine prosecution witnesses, 8 witnesses have already been examined and now only one witness has remained to be examined.

6.

Having regard to the fact that now only one prosecution witness has remained to be examined, this Court is not inclined to enlarge the petitioner on bail. At this stage, the trial itself is likely to be concluded in near future. This Court would only observe at this stage that the prosecution must produce the remaining witness within one month from the date of receipt/ communication of a copy of this order, failing which the learned Trial Court shall consider closing the evidence of the prosecution and shall proceed towards the conclusion of the trial.

7.

This application stands disposed off, accordingly. (Rajeev Ranjan Prasad, J) shikha/- U T