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Patna High CourtCR. MISC./6302/2022bail granted

Raju Mandal v. The State Of Bihar

2022-05-25Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6302 of 2022 Arising Out of PS. Case No.-2 Year-2020 Thana- LAUKAHI District- Madhubani ====================================================== RAJU MANDAL Son of Lal Bahadur Mandal @ Lal Mandal Resident of Village- Hirapatti, P.S.- Laukahi, District- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under sections 364, 302, 201/34 of the Indian Penal Code and section 27 of Arms Act. At the outset, learned counsel for the petitioner has submitted that bail petition of the petitioner was rejected vide order dated 5.2.2021 in Cr. Misc. no. 35122 of 2020 by a Coordinate Bench of this Court. While rejecting bail application of the petitioner, the Coordinate Bench directed the learned court below to conclude the trial within a period of nine months. It was also observed that, if

Patna High Court CR. MISC. No.6302 of 2022(2) dt.25-05-2022 2/2 the trial is not concluded within the stipulated period of nine months, the petitioner will be at liberty to renew his prayer for bail. Learned counsel for the petitioner has further submitted that trial has not been concluded as yet.

Considering the facts and circumstances, specially observations made by this court, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge, Jhanjharpur in connection with Sessions Trial no. 44 of 2021 arising out of Laukahi P.S. Case no. 02 of 2020. 1.

The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. 2.

If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) s.hassan/- U T