Arbind Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1791 of 2025 Arising Out of PS. Case No.-172 Year-2023 Thana- RUPAULI District- Purnia ====================================================== Arbind Sharma S/o Late Munni Sharma Resident of Village-Shadhopur, P.S.- Rupauli, (Mohanpur), District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with S.T. No. 391 of 2024 arising out of Rupauli (Mohanpur) P.S. Case No. 172 of 2023 instituted for the offences under Sections 364, 302, 201, 324, 379, 120B of the Indian Penal Code.
3. Earlier, vide order dated 16.05.2024 passed in Criminal Appeal (SJ) No. 91 of 2024, the prayer for grant of bail to the present petitioner was rejected. The present application is the second attempt of the petitioner for grant of bail.
3. Prosecution case, in short, is that on the alleged date and time, two unknown miscreants came on a motorcycle and took away the son of the informant. After three days of the
Patna High Court CR. MISC. No.1791 of 2025(4) dt.07-02-2025 2/3 alleged incident, the dead body of the informant's son was found with towel on his neck and several cuts on his entire body. It is further alleged that two mobile phones, chain and Rs. 7,300/- were snatched by them.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that the FIR was instituted under Sections 364, 302, 201, 324, 379, 120B of the Indian Penal Code and Sections 3(2)(v) of the SC/ST Act but chargesheet has been submitted under Sections 364, 302, 201, 120B, 379, 34 of the Indian Penal Code on 05.06.2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.08.2023 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. As per the report dated 30.01.2025, learned court below has reported that the case is pending at the stage of prosecution evidence and out of eleven charge-sheeted witnesses, two witnesses have been examined. It is further reported that trial is likely to be concluded within next three months.
7. Considering the present stage of the trial as per the
Patna High Court CR. MISC. No.1791 of 2025(4) dt.07-02-2025 3/3 report dated 30.01.2025 sent by the learned court below, this Court is not inclined to grant bail to the petitioner.
8. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.
9. Learned Trial Court is directed to conclude the trial in expeditious manner without any undue delay and unnecessary adjournment.
10. However, liberty is granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the trial is not concluded within a period of six months from today. If any such application is filed, the learned Trial Court shall consider the same on its own merit without being prejudiced by this order.
(Rudra Prakash Mishra, J) Alok Verma/- U T