Shekhar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20734 of 2017 Arising Out of PS.Case No. -66 Year- 2015 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Shekhar Mandal Son of Late Shiv Narayan Mandal, Resident of VillageSrirampur, P.S.- Nath Nagar, District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Informant : Mr. Raj Kumar Choudhary, Advocate For the Opposite Party/s : Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-06-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Nath Nagar P.S.Case No. 66 of 2015 registered for the offences punishable under Sections 448, 307, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioner and other accused persons is that they have entered into the house of the informant and made firing on the informant causing injury on him on right chest and they have also threatened the informant. It has been submitted on behalf of the petitioner that no specific allegation is attributed against the petitioner, rather there is general and omnibus allegation of firing against all the accused persons and the injury report shows that there is only one injury on the person of the informant. It has further been submitted

Patna High Court Cr.Misc. No.20734 of 2017 (3) dt.23-06-2017 2/2 that two cases have been with respect to the same occurrence and there is land dispute between the parties from before and a title suit is going on. It has also been submitted that petitioner is in custody for more than seven months.

Heard learned APP and learned counsel for the informant also. Learned counsel for the informant has opposed the prayer for bail stating that two witnesses have been examined in this case and they have supported the prosecution case. It has further been submitted that the District Judge has already directed the trial court to conclude the trial within a period of seven months vide order dated 4.4.2017.

Having heard both sides and considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this stage.

However, learned trial court is directed to conclude the trial within a period of four months of the receipt of the order of this Court. If trial is not concluded within the aforesaid period, petitioner may renew his prayer for bail.

(Vinod Kumar Sinha, J) spal/- U