Patna High CourtCR. MISC./37011/2019bail rejected

Pappu Sharma v. The State Of Bihar

2019-08-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37011 of 2019 Arising Out of PS. Case No.-117 Year-2018 Thana- PAHARPUR District- East Champaran ====================================================== PAPPU SHARMA Son of Janak Sharma Resident of Village - Batrauliya, P.S.- Paharpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Prasad Sharma For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner, informant and the learned APP for the State.

The petitioner seeks bail in Paharpur P.S. case no. 117 of 2018 instituted for the offence under Section(s) 147,148,149,341, 323,324,354,307,379 and 504 of the Indian Penal Code.

The petitioner is said to have given Farsa blow on the head of the informant's brother on account of which he died. Learned counsel for the informant has submitted that petitioner is the main assailant and the doctor has found haematoma .

Earlier the prayer for bail of the petitioner was rejected on merit by this Court vide order dated 26.11.2018 passed in Cr. Misc. no. 54768 of 2018.

Patna High Court CR. MISC. No.37011 of 2019(5) dt.28-08-2019 2/2 Report called for from the court below has been received from which it appears that charge has still not been framed in this case. The petitioner is said to be in custody since 27.5.2018.

Keeping in view the fact that there is direct allegation against this petitioner, this Court is not inclined to grant bail to the petitioner. The prayer for bail of the petitioner stands rejected at this stage.

Trial Court is directed to frame charge in this case within a period of 15 days from the date of receipt of copy of this order and make efforts to conclude the trial as early as possible preferably within a period of nine months from the date of receipt of copy of this order either by fixing the case on day to day basis or by giving short adjournment in the case and send compliance report.

Petitioner may renew his prayer for bail in the event trial is not concluded within the aforesaid period. (Sanjay Priya, J) shyambihari/- U T