Bhagat Lal Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.46411 of 2017 (2) dt.21-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46411 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -EKCHARI District- BHAGALPUR ====================================================== Bhagat Lal Mandal son of late Ramdeo Mandal, Resident of village Rani Diyara, P.S. Budhuchak District Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-09-2017 Heard the parties.

This application is for grant of regular bail in connection with Ekchari P.S.Case No.7 of 2017for the offences under Sections 364, 302, 201 and 34 of the Indian Penal Code. The petitioner is not named in the FIR and the case is under Section 302 and other Sections of the Indian Penal Code. Submission of the learned counsel for the petitioner is that he has been dragged in this case merely on the basis of suspicion, nothing else is there and there is also dispute of property between the informant and the petitioner, as such he has been falsely implicated in this case. Further submission is that the other co-accused persons have been granted bail in this case, vide order dated 1.8.2017 passed in Cr. Misc. No.27588 of 2017. Heard learned A.P.P. also, who has opposed the

Patna High Court Cr.Misc. No.46411 of 2017 (2) dt.21-09-2017 prayer for bail.

Having heard both sides and from perusal of order dated 1.8.2017 passed in Cr. Misc. No.27588 of 2017, it appears that the case of the petitioner is similar to the case of one Kundan Devi, which has been rejected and prayer for bail of the another co-accused has been granted but the case of the petitioner is not similar to the case. Further allegation in FIR is against petitioner and Kundan Devi of committing murder of the deceased and deceased had also made complain about dispute with petitioner on harvesting, to the informant and then he went to his field and later found dead.

In such view of the matter, I am not inclined to grant bail to the petitioner, however, the petitioner is in custody, the learned trial court is directed to expedite the commitment of the trial and try to conclude it within a period of nine months. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T