Patna High CourtCR. MISC./70047/2023disposed

Arun Sharma v. The State Of Bihar

2024-01-19Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70047 of 2023 Arising Out of PS. Case No.-10 Year-2020 Thana- BHAWANIPUR District- Purnia ====================================================== Arun Sharma, Son of Late Mahto Sharma @ Maharathi Sharma, Resident of Village - Baliya Ashram Tola, P.S. - Bhawanipur (Balia OP), District - Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-01-2024 Heard the learned counsel for the parties.

2. The petitioner has renewed his prayer for bail in connection with Bhawanipur (Balia OP) P.S. Case No. 10 of 2020 instituted for the offences under Sections 147, 148, 149, 452, 447, 341, 342, 323, 324, 302 and 120B of the Indian Penal Code in which he is facing Trial and in which seven out of nine witnesses have up-till now been examined. There are only two witnesses left to be examined.

3. Though, no specific accusation has been levelled against the petitioner and he is in custody since 20.05.2020, but considering the nature of accusation

Patna High Court CR. MISC. No.70047 of 2023(3) dt.19-01-2024 2/2 against all the accused persons including the petitioner, this Court is not inclined to grant bail to the petitioner for the present.

4. The prayer for bail is rejected.

5. However, looking at the period of custody of the petitioner and the fact that seven out of nine chargesheet witnesses have been examined, this Court directs the Trial Court to conclude the Trial positively within four months, failing which the petitioner shall have the liberty to approach the Trial Court for grant of bail during the pendency of the Trial.

6. The Trial Court, in that event, shall record the reasons for tardy progress of Trial.

7. The petition stands disposed off accordingly. (Ashutosh Kumar, J) sauravkrsinha/- U T