Tiran Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21533 of 2023 Arising Out of PS. Case No.-183 Year-2019 Thana- BHARGAMA District- Araria ====================================================== TIRAN SHARMA SON OF AKALU SHARMA RESIDENT OF VILLAGEMAHTHAWA BAZAR, WARD NO. 05, PS- BHARGAMA, DISTTARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-07-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 413, 44 and 34 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act. The petitioner is alleged to have assaulted the brother of the informant on his head by means of iron rod due to which he sustained injury and fell down and died during course of treatment.

Earlier the prayer for bail of this petitioner has been rejected vide order dated 19.02.20202 passed in Cr. Misc. No. 87197 of 2019 considering the case of the petitioner on merit. A report with regard to present stage of the trial has been called for by this Court vide order dated 18.05.2023 which

Patna High Court CR. MISC. No.21533 of 2023(3) dt.13-07-2023 2/2 has been received and forms part of this application at Flag-B dated 02.06.2023. On perusal thereof, it would reveal that the prosecution evidences have been closed on 01.06.2023 and the case is fixed for statement of the accused under Section 313 of the Cr.P.C.

Learned counsel appearing for the petitioner referring to the aforesaid report submits that the trial of this case is not likely to be concluded in near future and the petitioner is languishing in judicial custody since 05.08.2019. i.e more than four years.

Considering the facts and circumstances of the case and the present stage of the trial as reported in the report received from the trial court according to which trial is almost concluded, this Court is not inclined to grant the privilege of bail to the petitioner at this stage. Accordingly, the prayer for bail of this petitioner is rejected.

However, learned trial court is directed to expedite the conclusion of the trial at the earliest.

(Rajesh Kumar Verma, J) brajesh/- U T