Munna Sharma @ Munna Kumar Sharma @ Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28127 of 2021 Arising Out of PS. Case No.-118 Year-2017 Thana- JANKINAGAR District- Purnia ====================================================== MUNNA SHARMA @ MUNNA KUMAR SHARMA @ MUNNA KUMAR S/O ARVIND KUMAR @ ARBIND SHARMA R/O VILLAGE-ABHAY RAM CHAKLA, JANKINAGAR, P.S.-JANKINAGAR, DISTRICTPURNEA (BIHAR). ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Mishra, Advocate For the Opposite Party/s :
Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-12-2021 Heard the learned counsel appearing for the petitioner and Shri Ashok Kumar, learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Sessions Trial No. 417/418 of 2017 arising out of Jankinagar P.S. Case No. 118 of 2017 for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
The present petition is by way of third attempt at the behest of the petitioner for grant of regular bail inasmuch as his earlier prayers for grant of regular bail have stood rejected twice by orders passed by a coordinate Bench of this Court. The petitioner has been alleged to have fired on the brother of the informant resulting in his death.
Patna High Court CR. MISC. No.28127 of 2021(2) dt.07-12-2021 2/2 The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 13.06.2017 without any progress in the trial.
Per contra, the learned APP appearing for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record, this Court finds that there is no change in circumstance so as to warrant re-consideration of the prayer of the petitioner for grant of regular bail and moreover the petitioner is alleged to have committed gruesome murder of the brother of the informant, hence I do not find any merit in the present petition, thus the same stands dismissed.
(Mohit Kumar Shah, J) S.Sb/- U T