Patna High CourtCR. MISC./49057/2017disposed

Shambhu Sharma v. The State Of Bihar

2017-11-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49057 of 2017 Arising Out of PS.Case No. -33 Year- 2016 Thana -KURSAKANTA District- ARRARIA ====================================================== Shambhu Sharma, son of Late Rajendra Sharma, R/o Village- Kachamo, P.O.- Dehti, P.S.- Palasi, District- Araria (Bihar). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kursakanta (Sonamani) P.S.Case No. 33 of 2016 registered for the offences punishable under Sections 498A, 489B, 489C of the Indian Penal Code and 25(1-B)(a) and 26 of the Arms Act. Allegation as per prosecution case is that petitioner was arrested along with counterfeit currency and two country made pistols. Further allegation is that when he was taken by the police he pushed the police personnel and fled away from the place of occurrence.

Submission of learned counsel for the petitioner is that on inspection it was found that pistil was not in working condition and petitioner is in custody for seven months, though the

Patna High Court Cr.Misc. No.49057 of 2017 (3) dt.16-11-2017 2/2 impugned order shows that he is in custody since 24.7.2017. Heard learned APP also, who has opposed the prayer for bail.

Having heard both sides and in view of facts and circumstances, I am not inclined to grant bail to the petitioner at this stage.

However, learned trial court is directed to expedite the trial and try to conclude it within a period of seven months. If trial is not concluded within the said period, trial court shall release the petitioner on bail to its own satisfaction.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U