Patna High Court – Orders
Deenbandhu Sharma @ Dinbandhu Sharma vs The State Of Bihar on 22 January, 2025
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63761 of 2024
Arising Out of PS. Case No.-718 Year-2021 Thana- KHAGARIA District- Khagaria
======================================================
Deenbandhu Sharma @ Dinbandhu Sharma son of Hariom Sharma @ Hariom
Prakash Sharma @ Hariom Mistri R/O-Ranisakarpura, P.S-
Khagaria(gangaur), Districtt- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the State : Mr. Nawal Kishore Prasad, APP
For the Informant : Mr. Ram Sumiran Rai, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 22-01-2025
Heard Mr. Shashank Shekhar, learned counsel
for the petitioner and Mr. Ram Sumiran Rai, learned counsel
representing the informant as also learned APP for the State.
2. The petitioner is in judicial custody in connection
with Khagaria (Gangaur) P.S. Case No. 718 of 2021 for the
offences punishable under Sections 341, 323, 307, 325, 504, 506
and 34 of the Indian Penal Code and later on added section 302
of the Indian Penal Code, lodged on 10.02.2021 by the
informant, Ashok Keshri.
3. As per the prosecution story, the allegation is that
due to construction of house there was scuffle between the
parties and further on the order of Hariom Sharma, this
petitioner gave ‘khanti’ blow on the head of the informant which
proved fatal.
Patna High Court CR. MISC. No.63761 of 2024(4) dt.22-01-2025
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4. Learned counsel for the petitioner submits that
earlier the bail application preferred by this petitioner was
rejected vide order dated 19.07.2023 in Cr. Misc. No. 36184 of
2023 and as such, second attempt. He do not have criminal
antecedent, is in custody since 02.09.2022 (paragraph no.5 of
the petition). It is his further submission that though the role has
been assigned, there was no intention and in such scuffle the
assault took place, the fact remains that the victim succumbed to
the injuries after 14 days inasmuch as the occurrence took place
on 10.09.2021 while the death took place on 24.09.2024.
Further, there is no sight of conclusion of the trial and if granted
relief, he shall be diligently appearing in it.
5. Learned counsel representing the informant as also
the learned APP for the State opposes the prayer submitting that
allegation of giving iron rod blow on the head causing injury
which ultimately proved fatal is assigned to this petitioner.
6. In this case, on 06.12.2024, a report was called for
from the learned Trial Court as the petitioner has already
completed two years in custody. In response, vide letter no. 89
dated 11.12.2024, the Trial Court report has been received and
read as follows:-
From:- Jitendra Kumar-II
District &Additional Sessions Judge-V,
Civil Court, Khagaria.
Patna High Court CR. MISC. No.63761 of 2024(4) dt.22-01-2025
3/6To,
The Assistant Registrar,
Hon’ble High Court of Judicature at Patna.
Khagaria, dated 11th December, 2024
Subject:- Regarding submission of Report of trial in
connection with S.T. No. 135 of 2023
(arising out of Khagaria (Gangaur) P.S. No.
718 of 2021)Ref:- Hon’ble High Court’s order
dated06.12.2024 passed in Criminal Misc. No.
63761 of 2024.
Sir,
In pursuance of the subject and reference
noted above I have to say that the call for report regarding of
the case of S.T. No 135 of 2023 (arising out of Khagaria
(Gangaur) P.S. No. 718 of 2021) by the Hon’ble court regarding
this I have to say that this case record is pending for
prosecution evidence. Prosecution has not produced any one
witnesses before the court till today. Further, it is submission
that during trial issued summon to the prosecution witness &
there after Baleable warrant has been issued against the
witness and also several time directed to APP for production of
prosecution witness. Till Today has not produced any one
witness before court by the prosecution. Further, It is mention
that, If supported the prosecution. I will be try to conclude the
Patna High Court CR. MISC. No.63761 of 2024(4) dt.22-01-2025
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trial at once.
Therefore, I humbly request you Sir to put up this
report before Hon’ble High Court for kind consideration.
Yours faithfully,
District & Addl. Sessions Judge-V
Civil Court, Khagaria
7. The letter clearly show the sorry state of affairs of
the Trial Court. The direction/request was made to the Trial
Court (while rejecting the bail application of the petitioner) to
see to it that the trial is concluded. It seems the same was not
taken seriously and even the report has been submitted in a very
casual manner. The earlier Cr.P.C. and the present BNSS gives
ample power to the Trial Court to summon, issue bailable/non-
bailable warrant to ensure presence of the witnesses so that the
trial is taken to its logical conclusion. The report does not show
that any serious effort was taken by the Trial Court despite the
direction/request made by the High Court.
8. The report clearly shows that the Trial Court has
failed to examine even one witness, in that background, since
the petitioner has completed more than two years in custody,
this Court has taken note of the submission of the learned
counsel for the petitioner that there was no intention to kill
which reflects from the fact that the death took place almost two
Patna High Court CR. MISC. No.63761 of 2024(4) dt.22-01-2025
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weeks later, he do not have criminal antecedent, in that
background, is inclined to extend him the privilege of bail.
9. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two sureties of
like amount each to the satisfaction of learned Additional
District Judge-VI, Khagaria in connection with Khagaria
(Gangaur) P.S. Case No. 718 of 2021, subject to the following
conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court failure to do so for two consecutive dates
without plausible reason will entail cancellation of his bail bond
by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every fortnight for next six months to mark his
attendance;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
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(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
10. Let a copy of the order be sent to the learned
Principal District Judge, Khagaria for his perusal and necessary
action.
(Rajiv Roy, J)
vinayak/-
U T
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