Dharmendra Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43495 of 2022 Arising Out of PS. Case No.-274 Year-2020 Thana- MANJHAGARH District- Gopalganj ====================================================== Dharmendra Kumar Sharma S/O Late Verma Ji Sharma Resident of villageChap Paschim Patti P.S.- Sarai, O.P, District- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghav Prasad, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Sections 414, 399, 402 of the Indian Penal Code, section 25(1-b)a, 26, 35 of Arms Act and Sections 8(C), 21(a) of N.D.P.S. Act.
According to prosecution case, recovery of one country-made pistol alongwith a live cartridge and 20 pudiya of smack from the possession of petitioner.
Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case.
Patna High Court CR. MISC. No.43495 of 2022(4) dt.15-02-2023 2/2 Vide order dated 25.11.2022 a report was called for with regard to the present stage of trial. Report dated 06.12.2022 reveals that out of six charge-sheeted witnesses, two witnesses have been examined and F.S.L. report also received. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries seven criminal antecedents other then the present one.
Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Trial No. 23 of 2022 arising out of Manjhagarh P.S. Case No. 274 of 2020 pending in the court of learned Additional Sessions Judge-Icum-Special Judge, N.D.P.S. Act, Gopalganj. Prayer is refused.
However, the learned Trial Court is directed to expedite the trial.
(Rajesh Kumar Verma, J) mdrashid/- U T