Lali Sharma @ Lalli Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22719 of 2020 Arising Out of PS. Case No.-229 Year-2017 Thana- AIRPORT District- Patna ====================================================== LALI SHARMA @ LALLI SHARMA S/o- Late Jai Prakash Sharma R/vDaldali Road, Golapar, P.S.- Danapur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mrs. Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Hawai Adda P.S. Case No. 229 of 2017 (G.R. No. 7569 of 2017) instituted for the offences under Sections 398, 302 of the Indian Penal Code.

The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that there is self confession of the petitioner in paragraph 97 of the case diary which corroborates the confession of the co-accused Pintu Kumar whose statement is recorded in paragraph 95 of the case diary and the confession of Pintu Kumar led to the recovery of

Patna High Court CR. MISC. No.22719 of 2020(3) dt.07-12-2020 2/2 motorcycle in question which was used in course of occurrence and the paragraphs 171 and 207 of the case diary is the CCTV footage from which it is evident that the petitioner is said to have participated in the alleged commission of murder.

A report was called for from the Trial Court. It has been reported that out of 15 prosecution witnesses, only two prosecution witnesses have been examined till date, Considering the nature of accusation and the stage of the case, 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 within a period of one year preferably on day to day basis from the date of receipt/production of a copy of this order. The District Magistrate, Patna and the Senior Superintendent of Police, Patna are also directed to take necessary steps to produce the remaining witnesses on the date fixed in the Trial Court so that the trial could be concluded within the stipulated period.

Let a copy of this order be communicated to the District Magistrate, Patna and the Senior Superintendent of Police, Patna. (Sudhir Singh, J) Pankaj/- U T