Raj Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35413 of 2017 Arising Out of PS.Case No. -59 Year- 2016 Thana -HARLAKHI District- MADHUBANI ====================================================== Raj Kumar Mandal, son of Late Phudi Mandal, Resident of VillageTenuahi, P.S.- Ladaniya, District- Madhubani. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 395, 397 of the Indian Penal Code, 3⁄4 of Explosive Substance Act and Section 27 of the Arms Act. It is alleged that while the informant along with his wife were sleeping inside the room, all of sudden 5-7 unknown persons entered into his house and committed dacoity and took away cash, jewellery and articles. They also exploded bomb. Earlier the bail application of the petitioner was rejected vide Annexure-1 to the present application, taking into account that the petitioner was having seven criminal cases pending against him.

A report was called for from the trial court

Patna High Court Cr.Misc. No.35413 of 2017 (3) dt.18-10-2017 2/2 regarding the stage of the case. It has been reported that out of 12 prosecution witnesses, one prosecution witness has already been examined in the present case.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in S.T. No. 450/2016, arising out of Harlakhi P.S. Case No. 59 of 2016, pending in the court of learned A.D.J-VI, Madhubani.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of one year from the date of receipt of production of copy of this order. The District Magistrate, Madhubani and the Superintendent of Police, Madhubani are directed to ensure that the remaining prosecution witnesses are produced in the court on the date fixed by the court below, so that the trial could be concluded within the stipulated period.

Let a copy of this order be communicated to the District Magistrate, Madhubani and the Superintendent of Police, Madhubani.

(Sudhir Singh, J) Amit/- U T