Ravindra Sharma @ Buchan Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68457 of 2019 Arising Out of PS. Case No.-160 Year-2015 Thana- EKMA District- Saran ====================================================== RAVINDRA SHARMA @ BUCHAN SHARMA Son of - Late Jagarnath Sharma Resident of Village- Rith, P.S.- Ekma, District- Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha For the Opposite Party/s :
Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-01-2020 Petitioner seeks bail in connection with Sessions Trial No. 476 of 2016, arising out of Ekma P.S. Case No. 160 of 2015, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
petitioner is not named in the FIR but later on his name transpired during investigation on the basis of confessional statement of co-accused and he is said to have fired and apart from that he has criminal antecedents also. Submission of learned counsel for the petitioner is that there is specific allegation against two named accused persons and subsequently his name transpired in the confessional statement of co-accused and he is in custody for four years.
Patna High Court CR. MISC. No.68457 of 2019(3) dt.20-01-2020 2/2 Heard learned APP, who has opposed the prayer for bail stating that petitioner is the main accused and witnesses have also made allegation against him, apart from the confessional statement of co-accused.
In view of above facts and circumstances, I am not inclined to grant bail to the petitioner. However, since petitioner is in custody for four years and impugned order shows that only one witness has been examined in this case, as such, learned trial court is directed to conduct the trial on regular basis, so that the trial is concluded within a period of nine months. At the same time, the Superintendent of Police, Saran is also directed to ensure the presence of the witnesses in the court on the date fixed, so that the trial may be concluded within the time specified above.
With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J) spal/- U T