IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35166 of 2010 RAJESH SHARMA, SON OF BALMIKI SHARMA, RESIDENT OF VILLAGE – CHAROUN, POLICE STATION – MUFFASIL, DISTRICT – MUNGER Versus THE STATE OF BIHAR ----------- 4 23.02.2011 Heard Sri Pankaj Kumar Sinha, who was assisted by Sri Kamal Kishore Jha, learned counsel for the petitioner and Sri A.M.P. Mehta, learned Additional Public Prosecutor. The petitioner, who is in custody in Sessions Trial No. 790 of 2010 (arising out of Sultanganj P.S. Case No. 28 of 2006) for the offence under Section 302 and other allied Sections of the Indian Penal Code and Sections 25(1-B),(A), 26, 27 & 35 of the Arms Act has prayed for grant of bail. In this case, the Police after receiving information that some accused persons were fleeing with a looted motorcycle, the Police Official tried to stop the motorcycle. However, they started fleeing away. On chase, one of the accused sitting on the motorcycle opened fire on the Police Personnel who was chasing by a motorcycle which hit him and the Police personnel died. The petitioner’s name had come during the investigation. Learned counsel for the petitioner submits that the petitioner was blind by one eye and he is also having serious problem in his second eye. It was also stated that 2 the petitioner was got identified by his photograph which was recovered from his house and as such, it is a fit case for extending the privilege of bail. Sri A.M.P. Mehta, learned Additional Public Prosecutor submits that in this case trial is going on and keeping in view the seriousness of the offence the petitioner may not be released. In view of the facts and circumstances, particularly the fact that trial is going on, I am not inclined to extend the privilege of bail to the petitioner. Prayer for bail stands rejected. Learned counsel for the petitioner submits that the petitioner is in custody since 26.4.2010 and as such, direction may be issued for concluding the trial within specific period. In this case, F.I.R. was lodged in the year 2006. It is expected that Trial Court will take steps for early disposal of the trial. Petition stands rejected. Praful/- ( Rakesh Kumar, J.)