Patna High CourtCR. MISC./32857/2015dismissed

Vikash Mandal v. The State Of Bihar

2016-11-26Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 32857 of 2015 Arising Out of PS.Case No. -86 Year- 2013 Thana -BARIYARPUR District- MUNGER ====================================================== Vikash Mandal Son of Shri Amarnath Mandal @ Loha Mandal, resident of Village- Vijay Nagar, P.S. Bariyarpur, District Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 26-11-2016 Heard learned counsel for the parties. The petitioner seeks bail in connection with Bariyarpur P.S. Case No. 86 of 2013 dated 12.08.2013 instituted under Sections 341/323/324/307/34 of the Indian Penal Code to which later on Section 302 of the Indian Penal Code was added. This is the second attempt of the petitioner for bail in connection with Bariyarpur P.S. Case No. 86 of 2013 as earlier such prayer was rejected by order dated 26.11.2014 in Cr. Misc. No. 16048 of 2014. However, the Court below was directed to expedite the trial and conclude the same within six months.

The stand of the petitioner is that the prosecution witnesses have been examined and nothing has come

Patna High Court Cr.Misc. No.32857 of 2015 (3) dt.26-11-2016 2/2 against him.

Having considered the aforesaid fact, it is obvious that the prosecution has discharged its obligation of getting the witnesses examined and the entire onus lies upon the petitioner to get his witnesses examined, if not examined, after which the matter shall be finally heard and disposed off. Thus, at the fag end stage of the trial, the Court does not feel that there is any occasion to consider the prayer for bail, especially when no mitigating circumstances after the earlier rejection order have been shown, except for passage of time In view of the aforesaid, the petition stands dismissed.

(Ahsanuddin Amanullah, J.) Anand Kr.

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