Sunil Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15523 of 2015 Arising Out of PS.Case No. -87 Year- 2013 Thana -BARARI District- KATIHAR ====================================================== Sunil Mandal S/o - Etwari Mandal R/o Bakia, Diara, P.S. Barari, Distt - Katihar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Section 302/34 of the Indian Penal Code.

Allegation against the petitioner is of assaulting by spade on the head of the deceased, cousin brother of the informant. It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 21.1.2015. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. The alleged occurrence is said to have taken place due to land dispute. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. There is specific allegation against him for assaulting the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, same is rejected. Any how, the trial court (3rd Addl. District and Sessions Judge, Katihar) is directed to expedite the trial in connection with

Patna High Court Cr.Misc. No.15523 of 2015 (5) dt.03-11-2015 2 / 2 Barari P. S. Case no. 87 of 2013 and conclude the same preferably within a period of one year from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) sudip/- U T