Raja Mandal @ Bidi Mandal @ Vikki Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12498 of 2024 Arising Out of PS. Case No.-253 Year-2023 Thana- MUNGER MUFFASIL District- Munger ====================================================== Raja Mandal @ Bidi Mandal @ Vikki Kumar Late Makhru Mandal @ Late Raj Kishor Mandal Village- Maniyarchak Ps- Mufasil Dist- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Munna Raj, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Muffasil P.S. Case No. 253 of 2023, lodged on 14.07.2023, under Section 302/34 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against three named accused persons including the present petitioner. The dead body of the informant's husband was found and on suspicion the name of three accused persons including the present petitioner has been inserted in the FIR.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.12498 of 2024(4) dt.29-05-2024 2/3 submits that antecedent of the petitioner is clean and he is in custody since 14.07.2023. Counsel submits that the worst part which has come in the rejection order is that the petitioner was seen in the CCTV footage and certificate under Section 65B of the Indian Evidence Act has also been submitted by the police in support of identification of the petitioner in commission of the crime. But he submits that the petitioner has not been seen committing the crime rather it has been seen that he was going through public way and therefore he submits that only and only on the basis of suspicion petitioner is in custody.
5. Learned counsel for the State opposes the prayer for bail and submits that on the previous occasion the progress report of the trial was called for. From the progress report, it transpires to this Court that charge has already been framed and there is likelihood that the trial shall be concluded within 12 months.
6. In this background, this court is not inclined to grant bail to the petitioner. According the prayer for regular bail is refused with liberty granted to the petitioner that after 12 months the petitioner shall move for bail before the trial Court itself and if trial shall not be concluded within 12 months in that case it is directed to the trial Court to release
Patna High Court CR. MISC. No.12498 of 2024(4) dt.29-05-2024 3/3 him on bail on the condition so that he may not evade his appearance further.
(Dr. Anshuman, J) Mkr./Ankit U T