Shivbalak Sharma @ Sheo Balak Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63750 of 2024 Arising Out of PS. Case No.-187 Year-2022 Thana- SIDHWALIYA District- Gopalganj ====================================================== Shivbalak Sharma @ Sheo Balak Sharma S/o- Late Narsinh Sharma, R/o Village- Mauza Supauli, PS- Sidhawalia, District- Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rakesh Kumar, Advocate For the Opposite Party :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-09-2024 Heard Mr. Rakesh Kumar, the learned counsel for the petitioner, the learned counsel appearing on behalf of the informant and Mr. Raj Kishor Singh, the learned Additional Public Prosecutor for the State.

2.

Petitioner seeks regular bail who is in custody since 13.07.2023, in connection with STR No. 836 of 2023, arising out of Sidhwaliya P.S. Case No. 187 of 2022, FIR dated 05.06.2022, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 120(b), 504 and 506 of the Indian Penal Code.

3.

According to the prosecution case, the co-accused persons along with the petitioner were gambling outside the house of the informant and upon objection made by informant's father-in-law, the co-accused Amarlal Sharma assaulted

Patna High Court CR. MISC. No.63750 of 2024(2) dt.06-09-2024 2/3 informant's father-in-law by means of knife due to which he fell down and the co-accused persons also badly injured other family members by assaulting them with knife and sword. It is further alleged that Lal Kishore Sharma and Rambabu Sharma succumbed to their injuries.

4.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case and the allegation levelled in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. He lastly submits that other co-accused persons namely, Keshiya Devi & Ors. have been granted bail by this Court vide order dated 07.02.2023 passed in Cr. Misc. No. 59851 of 2022.

5.

The learned counsel for the informant as well as the Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that from bare perusal of the FIR, it appears that there is specific and direct allegation attributed against the petitioner. Apart from that, from bare perusal of the impugned order, it appears that out of eleven chargesheeted witnesses, ten witnesses have already been examined.

6.

Considering facts and circumstances of the case

Patna High Court CR. MISC. No.63750 of 2024(2) dt.06-09-2024 3/3 and the fact that there is direct and specific allegation against the petitioner and impugned order also suggests that out of eleven chargesheeted witnesses, ten witnesses have already been examined and trial is going to be concluded very shortly, I am not inclined to enlarge the petitioner on bail in connection with Sidhwaliya P.S. Case No. 187 of 2022, pending in the Court of learned Additional Sessions Judge-III, Gopalganj. 7.

Prayer is refused.

8.

However, the learned trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Shahnawaz/- U T