Hira Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17281 of 2018 Arising Out of PS. Case No.-117 Year-2015 Thana- JAMALPUR District- West Champaran ====================================================== Hira Sharma Son of Sri Ram Lakhan Sharma Resident of Village- Mansara, P.s. Jamalpur, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rana Vikram Singh For the Opposite Party/s :

Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in S.T. No.281 of 2016 arising out of Jamalpur P.S. case No. 117 of 2015 registered under Sections 147, 148, 149, 447, 341, 323, 307, 302, 427 and 504 of the Indian Penal Code, pending in the court of Additional Sessions Judge 2nd, Benipur, Darbhanga.

Allegation is that the accused persons including the petitioner assaulted the informant, his brother and other family members. Informant's brother died during course of treatment. The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that fatal injury was caused by the petitioner which led to death of the deceased.

Patna High Court Cr.Misc. No.17281 of 2018(3) dt.26-04-2018 2/2 A report was called for from the Trial Court regarding the stage of the case. It has been reported that out of thirteen witnesses, seven witnesses have already been examined and within a period of 10 months the trial is expected to be concluded.

Considering the aforesaid facts and circumstances, nature of accusation and stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of ten months from the date of receipt/production of a copy of this order.

The District Magistrate, Darbhanga and the Senior Superintendent of Police, Darbhanga are also directed to take necessary steps to produce the remaining witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Darbhanga and the Senior Superintendent of Police, Darbhanga.

Narendra/- (Sudhir Singh, J) U T