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Patna High CourtCR. MISC./60325/2017bail rejected

Shyam Vinoy Sharma @ Shyam Vinay Sharma v. The State Of Bihar

2018-09-13Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60325 of 2017 Arising Out of PS. Case No.-24 Year-2015 Thana- ARA NAGAR District- Bhojpur ====================================================== Shyam Vinoy Sharma @ Shyam Vinay Sharma S/o Late Awdhesh Rai @ Awdhesh Sharma, R/o Village- Chowri, P.S.- Chowri, District- Bhojpur at Ara (Bihar) at Present Residing at Mohalla- Jagdev Nagar, Road No.-8, P.S.- Ara Nawadah, District- Bhojpur at Ara (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Smt. Veena Rani Prasadd.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-09-2018 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is seeking bail in connection with Sessions Trial No. 35 of 2016 arising out of Ara Town P.S. Case No. 24 of 2015 for offence under Sections 302, 307, 326, 224 & 120(B) of the Indian Penal Code and Section 3, 4 & 7 of the Explosive Substances Act.

The petitioner is in judicial custody since 21.1.2015 and has remained in jail for 3.5 years although the petitioner was granted provisional bail on the ground of illness of his son. It has been informed to this Court by the learned counsel for the petitioner that more than 28 witnesses have been examined and still 4 to 5 witnesses are to be examined by the

Patna High Court Cr.Misc. No.60325 of 2017(7) dt.13-09-2018 2/2 prosecution.

The present matter is very serious and sensitive as the crime has taken place within the precinct of the Court. The petitioner has already approached this Court for grant of bail which has been refused by this Court but, the justice demands early conclusion of the trial so that the real thing should come in light. When more than 28 witnesses have been examined, in that view of the matter, this Court directs the trial court to conclude the trial expeditiously preferably within a period of six months from the date of receipt/production of a copy of this order and will report to this Court.

The petitioner will be at liberty to take action in accordance with law.

With the aforementioned observation and direction, this application is dismissed.

(Shivaji Pandey, J) rishi/- U T