The Patna High Court rejected the third regular bail application of the accused in a violent case involving murder and firing. The trial was nearly complete, with only one witness remaining.
Bail application rejected; petitioner directed to renew prayer after four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15176 of 2020
Arising Out of PS. Case No.-72 Year-2014 Thana- KHIRI MORE District- Patna
======================================================
CHANDRAKANT SHARMA Son of Late Deoraj Singh @ Deoraj Sharma Resident of Village - Rampur, P.S. - Karpi, District - Arwal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Nawal Kishore Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
3 23-03-2021 Heard Mr. Ajay Kumar Sinha, learned counsel for the
petitioner and Mr. Nawal Kishore Prasad, learned counsel appearing for the State.
Petitioner seeks regular bail in connection with S. Tr. No. 445 of 2014 arising out of Khiri More P.S. Case No. 72 of 2014 registered for the offence punishable under Section 147 / 148 / 149 / 307 / 302 / 504 of the I.P.C. and Section 27 of the Arms Act.
This is 4th attempt for grant of bail on behalf of the petitioner inasmuch as earlier, on three occasions, bail applications of the petitioner was rejected by a Co-ordinate Bench of this Court in Cr. Misc. Nos. 555 of 2016, 41961 of 2017 & 23768 of 2019.
The allegation as per the First Information Report is
Patna High Court CR. MISC. No.15176 of 2020(3) dt.23-03-2021 2/2
that the petitioner made indiscriminate firing along with others causing death of 04 persons.
This Court by order dated 19.02.2021 has called for a report about the status of the trial from the learned court below and in pursuance thereof report has been submitted by learned Additional Sessions Judge VII, Danapur, Patna and from perusal of the same it appears that out of 11 charge sheet witnesses, 10 have already been examined and only 01 witness i.e. doctor is yet to be examined and the learned court below has given the estimated time for conclusion of the trial within next 04 months.
In view of the aforesaid, I am not inclined to grant regular bail to the petitioner at this stage.
Accordingly, the same is rejected.
However, the petitioner may renew his prayer for bail after four months, if the trial is not concluded.
(Anil Kumar Sinha, J)
praful/-
U T
1 issue framed by the court
Whether the petitioner is entitled to a grant of regular bail at this stage of the trial.
7 provisions across 2 enactments
Chandrakant Sharma
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
