Bijay Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31144 of 2017 Arising Out of PS.Case No. -108 Year- 2016 Thana -PARBATTA District- BHAGALPUR ====================================================== Bijay Mandal, son of Late Narayan Mandal, Resident of Village- Sahu Parbatta, Niz Tola, P.S.- Parbatta, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate. For the Opposite Party/s : Mr. Iftekhar Mahmood, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Parbatta P.S. Case No. 108 of 2016 registered under Sections 504, 307 and 34 of the Indian Penal Code and Sections 25(1-b), 26 and 27 of Arms Act. The petitioner is said to have resorted firing on the informant over property dispute.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case due to property dispute. He has been languishing in custody since 04.11.2016.

Considering the fact that the petitioner is the main assailant and he has inflicted fire arm injury to the informant

Patna High Court Cr.Misc. No.31144 of 2017 (2) dt.07-07-2017 2/2 which is grievous in nature and charge in the case has been framed, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer for bail of the petitioner is rejected at present. However, the learned court below is directed to conclude the trial expeditiously preferably within four months from the date of receipt or production of a copy of this order. In case of non-conclusion of trial for no fault of the petitioner within the stipulated time, the petitioner may be at liberty to renew his prayer for bail.

(Prakash Chandra Jaiswal, J) Mishra/- U T