Sarvesh Kumar Singh Alias Sarvesh Kumar Sharma Alias Sarvesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.771 of 2024 Arising Out of PS. Case No.-163 Year-1998 Thana- CHAPRA TOWN District- Saran ====================================================== Sarvesh Kumar Singh @ Sarvesh Kumar Sharma @ Sarvesh Sharma, son of Late Harendra Mohan Sharma @ Hari Mohan Sharma, Vill- Ramgarha, P.S.- Avtarnagar, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-02-2024

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Chhapra Town P.S. Case No. 163 of 1998 dated 12.06.1998 registered for the offences punishable under Sections 302 and 120B read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The main submissions advanced by learned counsel for the petitioner are that this is second attempt of the petitioner to get the relief of regular bail as his earlier bail prayer was rejected by this Bench vide order dated 13.04.2023 passed in Cr. Misc. No. 53356/2022 with giving him a liberty to renew his bail prayer after six months from the date of the said rejection order, if no significant progress is made in his trial and in the light of the said liberty, he has again come before this Court mainly on the ground

Patna High Court CR. MISC. No.771 of 2024(2) dt.09-02-2024 2/2 that still no progress has been made in his trial and till date no prosecution witness has been produced and examined despite processes of all types having been issued for getting the appearance of the prosecution's witnesses and the petitioner has been languishing in jail since 16.11.2021. Further submissions are that two co-accused persons carrying similar nature of allegation have faced trial separately and they have been acquitted and at the time of commission of the alleged occurrence, the petitioner was a government employee.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly taking into account the petitioner's custody period and prosecution's lingering attitude as stated above in producing the prosecution's witnesses, in my opinion, the petitioner now deserves to the privilege of bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Chhapra Town P.S. Case No. 163 of 1998.

(Shailendra Singh, J) annu/- U T