Patna High CourtCR. MISC./6021/2019rejected

Suresh Mandal v. The State Of Bihar

2019-03-06Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6021 of 2019 Arising Out of PS. Case No.-236 Year-2016 Thana- AAJAM NAGAR District- Katihar ====================================================== Suresh Mandal aged about 42 years (Male), S/o late Narayan Mandal, R/o Vill. Gogara, P.S. Azamnagar (Salmari O.P.), District - Katihar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Sessions Trial No. 189 of 2017 arising out of Azamnagar (Salmari) P.S. Case No. 236 of 2016 registered under Sections 302, 307/34 of the Indian Penal Code and section 27 of the Arms Act pending in the Court of Additional District Judge- II, Katihar. Submission of learned counsel for the petitioner is that earlier prayer of the petitioner for bail was rejected on merit by this Court on 28.03.2017 passed in Cr. Misc. No. 5282 of 2017. Further submission is that petitioner is in custody since 08.09.2016, having no criminal antecedent.

Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer of the petitioner by contending

Patna High Court CR. MISC. No.6021 of 2019(3) dt.06-03-2019 2/2 that in this case, there is no fresh ground on behalf of the petitioner. He is the main culprit of the alleged occurrence. Having considered the facts and circumstances of the case and the submissions advanced on behalf of both the parties, I am not inclined to allow the prayer of the petitioner. Accordingly, prayer of the petitioner for bail is rejected. However, Trial Court is directed to conclude the trial within a period of six months.

(Arvind Srivastava, J) Shailendra/- U T