Lali Sharma @ Lalli Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39493 of 2022 Arising Out of PS. Case No.-229 Year-2017 Thana- AIRPORT District- Patna ====================================================== Lali Sharma @ Lalli Sharma Son Sof Bhirgu Sharma @ Jai Prakash Sharma R/O Daldali Road, Gola Par, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mithilesh Kr. Arya, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out, by the office, within a period of four weeks.

The petitioner seeks bail in connection with Sessions Trial No.439 of 2018 arising out of Hawai Adda P.S. case No.229 of 2017 registered under Sections 398, 302/34 of the Indian Penal Code and 27 of the Arms Act, pending in the court of A.D.J. IV, Patna.

The earlier bail application of the petitioner was rejected vide Annexure 1 series 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

Patna High Court CR. MISC. No.39493 of 2022(3) dt.12-10-2022 2/3 confession of co-accused Pintu Kumar, whose statement is recorded in paragraph 95 of the case diary and the confession of Pintu Kumar led to recovery of motorcycle in question, which was used in course of occurrence and the paragraph 171 and 207 of the case diary is 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 fifteen prosecution witnesses, eleven prosecution witnesses have already been examined and only four prosecution witnesses are yet to be examined in the present case.

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 preferably within a period of six months 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 witnesses on the date fixed by the Trial Court so that the trial could be concluded within the

Patna High Court CR. MISC. No.39493 of 2022(3) dt.12-10-2022 3/3 stipulated period.

Let this order be communicated to the District Magistrate, Patna and the Senior Superintendent of Police, Patna.

(Sudhir Singh, J) Narendra/- U T