Patna High CourtCR. MISC./10285/2020bail rejected

Fauzdari Mandal v. The State Of Bihar

2020-09-07Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10285 of 2020 Arising Out of PS. Case No.-141 Year-1996 Thana- MUNGER MUFFASIL District- Munger ====================================================== Fauzdari Mandal, aged about 50 years, (M), Son of Late Devi Mandal Resident of Village-Kaliyani Tola, Bijay Nagar, P.S-Baniarpur, DistrictMunger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anurag Saurav For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-09-2020 Heard Mr. Anurag Saurav, learned counsel for the petitioner and Mr. Uma Shankar Prasad Singh, learned counsel for the State as also Mr. Manoj Kumar Jha, counsel for the Informant.

In this case, the petitioner is seeking bail in connection with Sessions Trial No. 138 of 2019 arising out of Mufassil P.S. Case No. 141 of 1996 registered for offences punishable under Sections 302/120 (B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per direction of this Court, learned counsel for the petitioner has filed supplementary affidavit explaining the cause for absconding for a long period of time stating therein that the petitioner was outside the village in connection with job and he

Patna High Court CR. MISC. No.10285 of 2020(6) dt.07-09-2020 2/2 had no knowledge of the present case and, that is why, the petitioner could not surrender before the court below in time. Learned counsel for the Informant submits that the petitioner has remained absconding since 1996 whereafter his trial was separated and other persons were put to trial. Looking to the pendency of the case as also the behavior of the petitioner, this Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously preferably within a period of one year from the date the normal court proceeding initiates.

(Shivaji Pandey, J) rishi/- U T