Patna High CourtCR. MISC./61199/2019dismissed

Harilal Sharma v. The State Of Bihar

2019-09-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61199 of 2019 Arising Out of PS. Case No.-497 Year-2016 Thana- SAUR BAZAR District- Saharsa ====================================================== HARILAL SHARMA, S/o Baldeo Sutihar, R/o Village- Tin Bhagwanpur, P.S. Sour Bazar District- Saharasa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiva Shankar Sharma For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-09-2019 Earlier prayer for bail of the petitioner was rejected by this Court, vide order dated 04.09.2017 passed in Criminal Misc. No.38040 of 2017 and again vide order dated 29.08.2018 passed in Criminal Misc. No. 43732 of 2018.

There is allegation against the petitioner is of assault to the father of the informant on his head, causing death. Submission of learned counsel for the petitioner is that he is in custody since 29.03.2017, but up till now only three witnesses have been examined.

Heard learned APP as well as learned counsel for the opposite party no.2, who has opposed the prayer for bail on the ground that trial is going on and the witnesses are appearing on each date.

Having heard both sides, and in view of the facts and

Patna High Court CR. MISC. No.61199 of 2019(2) dt.25-09-2019 2/2 circumstances, as stated above, I am not inclined to grant privilege of bail to the petitioner at this stage. Further, considering the fact that petitioner is in custody for three years, the learned trial court is directed to conclude the trial regular basis and S.S.P. Saharsa, is directed to produce the witnesses in the Court, so that trial may be concluded as early as possible and the informant will also co-operate in disposal of the same. With the above observations, this application is dismissed.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T