Patna High CourtCR. MISC./54819/2016bail granted

Brajesh Sharma @ Birju Sharma v. The State Of Bihar

2017-03-29Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.54819 of 2016 (3) dt.29-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54819 of 2016 Arising Out of PS.Case No. -236 Year- 2014 Thana -KHODABANDPUR District- BEGUSARAI ======================================================

1. Brajesh Sharma @ Birju Sharma Son of Chandrakant Sharma Resident of Village- Chakka , P.S.- Khodawandpur (ChhourahiO.P.) , DistrictBegusarai, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 29.03.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since 06.11.2014 and earlier prayer for bail of the petitioner was rejected by this court vide order dated 29.9.2015 passed in Cr. Misc. no. 17914/2015 at infancy stage of the case.

There is allegation against this petitioner that he gave fatal blow by the butt of the gun causing head injury to the deceased as a result of which deceased died in course of his treatment. Learned counsel appearing for the petitioner submits that trial of the petitioner is pending since long for cross-examination of the Investigating officer who is intentionally avoiding his appearance before the trial court which is evident from perusal of order dated 25.11.2016 passed by the learned trial court.

Patna High Court Cr.Misc. No.54819 of 2016 (3) dt.29-03-2017 No doubt, learned trial court has sought three months' time for disposal of Sessions trial no. 203/2015 but considering the aforesaid facts and circumstances as well as the period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge V, Begusarai in Sessions trial no. 203/2015 arising out of Khodawandpur P.S. Case no. 236/2014.

shahid (Hemant Kumar Srivastava,J) U T