Kishundeo Mandal @Kishundev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11157 of 2024 Arising Out of PS. Case No.-223 Year-2022 Thana- NATHNAGAR District- Bhagalpur ====================================================== Kishundeo Mandal @Kishundev Kumar SON OF UMESH MANDAL R/o VILL-KANJHIA,P.S-MADHUSUDANPUR, DIST- BHAGALPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Priya Saran Singh, Advocate For the Opposite Party/s :
Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-04-2024 Heard Mr.Ram Priya Saran Singh, learned counsel for the petitioner and Mr.Anant Kumar 1, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since 28.05.2022 in connection with S.Tr.No.953 of 2022 arising out of Nathnagar (Madhusudanpur)P.S. Case No. 223 of 2022, F.I.R. dated 07.04.2022 registered for the offence punishable under Sections 302,323/34 of IPC.
3. Earlier the prayer for bail of the petitioner was rejected vide order dated 25.04.2023 passed in Cr. Misc. No.66935 of 2022. The petitioner again moved before this Court in Cr. Misc. No.54291 of 2023 and Cr. Misc. No.80845 of 2023 which were dismissed as withdrawn vide orders dated 01.09.2023 and 15.12.2023 respectively. Thereafter, the petitioner has filed the present bail petition.
Patna High Court CR. MISC. No.11157 of 2024(3) dt.03-04-2024 2/2
4. Vide order dated 16.02.2024, a report was called for with regard to the present status of the trial. Report of the learned Trial Court dated 27.02.2024 reveals that out of eight chargesheet witnesses, three witnesses have already been examined and apart from that, according to FIR, allegation against the petitioner is that he administered poison to the brother-in-law of the informant and the viscera report also confirms the allegation as alleged in the FIR.
5. Learned A.P.P. for the State, on other other hand, has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid fact, I am not inclined to enlarge the petitioner on bail in connection with S.Tr.No.953 of 2022 arising out of Nathnagar (Madhusudanpur)P.S. Case No. 223 of 2022 pending in the court of learned Additional District and Sessions Judge-XIII, Bhagalpur.
7. Prayer is refused.
8. However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Nitesh/- U T