The Supreme Court has sought a response from the Bihar government on a plea seeking cancellation of the bail granted by the Patna High Court to a man accused of gunning down a lawyer on his way to the city civil court at Danapur in Bihar in 2020. The accused, who was also facing trial in another case lodged for killing the mother of the deceased lawyer in 2001, was allegedly miffed with the fact that the advocate had deposed against him in the court during the murder trial of his mother. A bench comprising Justices D Y Chandrachud and Surya Kant took note of the plea of lawyer Smarhar Singh that the case pertained to the killing of a lawyer who stood for justice by deposing fearlessly against the man accused of killing his mother.
“Issue notice, returnable on 7 March 2022. Liberty to serve the Standing Counsel for the State of Bihar, in addition. The respondent-accused be served through the SHO of the police station Concerned,” the bench ordered. The court was hearing the plea of Subhash Kumar, the lawyer son of the deceased advocate, alleging that his father Harendra Kumar was shot dead by accused Kulshekar Sharma alias Bhola Singh on September 8, 2020, when he was on his way to city civil court for work.
The accused has also been facing trial in the 2001 murder case of the mother of the deceased lawyer. The Patna High Court, on December 6, last year, passed an “unreasoned order” granting bail to the accused. “The High Court only recorded the submission of the accused, and considered the submission as gospel truth and in one line observation said that there is no material collected during the investigation after 09 months of custody and granted bail to the respondent,” the plea said.
PTI Inputs