Patna High Court
Chunnu SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition is dismissed as there are no fresh grounds and the trial is on the verge of conclusion.
Summary
The petitioner, Chunnu Sharma, was arrested in connection with a 2021 case alleging murder, attempt to murder, criminal conspiracy and illegal possession of arms. He has been in judicial custody since June 2024 and previously sought regular bail, which was denied by the High Court due to the heinous nature of the offences. The petitioner argued that the trial is delayed, only one witness (the informant) remains to be examined, and no independent prosecution witness has yet testified. The State opposed bail, contending there are no fresh grounds and the trial is nearing completion. The Court held that there is no fresh ground to revisit the bail issue and, with the trial close to conclusion, refused bail, directing the lower court to expedite the trial within two months and permitting a fresh bail application if the deadline is missed.
Issues considered
- Whether bail can be granted to the petitioner at this stage of the trial given the seriousness of the offences under Sections 302, 328, 120B IPC and Section 27 Arms Act.
- Whether the delay in trial and pending examination of the informant constitute fresh grounds for bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 328
Subjects
- bail
- criminal procedure
- murder
- attempt to murder
- criminal conspiracy
- arms act
- judicial custody
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10211 of 2026
Arising Out of PS. Case No.-649 Year-2021 Thana- JAHANABAD District- Jehanabad
======================================================
Chunnu Sharma Son of Ravindra Sharma R/o Vill. - Devariya, Ward No. 29,
South of Pani Tanki, P.S. - Jehanabad, Dist. - Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandni Kumari, Advocate
For the Opposite Party/s : Mrs. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-03-2026 Heard Mr. Chandni Kumari, learned counsel for the
petitioner and Mrs. Renu Kumari, learned APP for the State.
2. The petitioner seeks bail in connection with
Jehanabad P.S. Case No. 649 of 2021 instituted for the offences
under Sections 302, 328, 120B of the Indian Penal Code and
Section 27 of the Arms Act.
3. Earlier vide order dated 05.05.2025 passed in Cr.
Misc. No. 20657 of 2025, regular bail of the petitioner was
rejected by this Court considering the specific and heinous
nature of offence against the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 25.06.2024
without any rhymes or reason. He further submitted that there
Patna High Court CR. MISC. No.10211 of 2026(2) dt.10-03-2026
2/2
are five charge-sheeted witnesses and out of them, four
witnesses have been examined and only one, i.e. the
examination of the informant is pending. He further submitted
that no independent witness has supported the case of
prosecution till date.
5. Learned APP for the State opposes the prayer for
grant of bail.
6. There is no fresh ground to consider the bail petition
of the petitioner as also since the trial is on the verge of
conclusion, this Court is not inclined to grant bail to the
petitioner.
7. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously
preferably within a period of two months from today. If the trial
is not concluded within the period of two months, as stated
above, the petitioner will be at liberty to renew his prayer before
the court below.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
Checking your session…