Awdhesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4980 of 2018 Arising Out of PS. Case No.-77 Year-2017 Thana- KHAZANIHAT District- Purnia ====================================================== Awdhesh Mandal, son of Late Arjun Mandal, Resident of village- Bhitha, P.S. Bhawanipur, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Sri Nityanand Tiwary (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-02-2018 Supplementary affidavit has been filed on behalf of the petitioner stating therein that out of 43 cases petitioner has been acquitted in 13 cases and in another cases he is on the bail except the present case. Let it be kept on record. Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier rejected vide order dated 01.15.2017 and 30.08.2017 passed in Cri. Misc. No. 16996 of 2017 and Cr. Misc. No. 41432 of 2017, on the ground that the petitioner is suffering in custody since 13.02.2017 and the allegation against the petitioner is concocted and baseless, he has been made victim of the circumstances. At the time of occurrence the petitioner was

Patna High Court Cr.Misc. No.4980 of 2018(2) dt.07-02-2018 2/2 in jail and he has not threatened the informant in the court premises.

The learned A.P.P. opposes the prayer of bail by submitting that the life of the informant is at danger and the petitioner has got criminal antecedent as he is involved in 43 cases and if he will be released on bail, he will kill the informant and his family members.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of the bail, again prayer of the bail of the petitioner stands rejected in connection with K. Hat P.S. Case No. 77 of 2017 pending in the court of learned Chief Judicial Magistrate, Purnea. However, the learned trail Court is directed to expedite the trial and conclude the same preferably within four months, from date of receipt/production of a copy of this order, failing which if the petitioner at no fault, may be at liberty to renew his prayer for bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T