Brij Kishore Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48330 of 2018 Arising Out of PS. Case No.-72 Year-2013 Thana- JANTA BAZAR District- Saran ====================================================== Brij Kishore Sharma, S/o Raghunath Sharma, resident of village- Harpur Kothi, P.S.- Janta Bazar, District- Saran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Harish Kumar, Adv.
For the Opposite Party/s :
Mr. S. Ehteshamuddin, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-09-2018 Heard Sri Harish Kumar, learned counsel for the petitioner and Mr. S. Ehteshamuddin, learned Addl. Public Prosecutor.
This is fourth attempt for grant of bail on behalf of the petitioner in Janta Bazar P.S. Case No. 72 of 2013 registered for offence under Sections 147, 341, 323, 324, 307, 302, 504 of the Indian Penal Code. Earlier, repeatedly the prayer for bail of the petitioner was rejected considering the fact that the petitioner was the main assailant.
Learned counsel for the petitioner submits that petitioner is in custody since 25-06-2015 and this is the reason that on last occasion, while rejecting the prayer for bail of the petitioner, it was directed to expedite and conclude the trial as early as possible within a period of two months and in case of
Patna High Court Cr.Misc. No.48330 of 2018(5) dt.19-09-2018 2/3 non-conclusion, the petitioner was granted liberty to renew his prayer for bail and , as such, the petitioner by filing the present petition, has renewed his prayer for bail.
In this case, by order dated 18-08-2018, a report was called for from the court below regarding present status of the case, which has been received and kept at Flag 'A'. The report of learned 9th Addl. District and Sessions Judge, Saran at Chapra, contained in letter no. 184 dated 27-08-2018, makes it clear that out of nine chargesheet witnesses, five witnesses have already been examined. For securing attendance of other four witnesses, amongst them two were investigating officer, summon and bailable warrant of arrest has already been issued. Meaning thereby that the learned trial court is taking every steps for early disposal of the case and, as such, there is no reason to pass order for allowing the petitioner on bail. Accordingly, the present petition for grant of bail again stands dismissed. While dismissing the present petition, considering the observation given by earlier Bench of this Court, it is desirable to direct the trial court to take all steps, so that the case may come to its logical end without unnecessary delay.
The Superintendent of Police, Saran at Chapra is
Patna High Court Cr.Misc. No.48330 of 2018(5) dt.19-09-2018 3/3 directed to ensure presence of witnesses before the trial court, as and when required by the trial court. The Court expects that the Superintendent of Police will strictly comply the order of this Court.
Let a copy of this order be sent to the concerned Superintendent of Police.
(Rakesh Kumar, J.) nawalkrs/- U T