Patna High CourtCR. MISC./32915/2018rejected

Mangal Kumar @ Mangal Sao And ANR v. The State Of Bihar

2018-07-03Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32915 of 2018 Arising Out of PS.Case No. -104 Year- 2017 Thana -GANDHIMAIDAN District- PATNA ======================================================

1. Mangal Kumar @ Mangal Sao, S/o Shankar Prasad @ Shankar Sao,

2. Shankar Prasad @ Shankar Sao S/o Kishori Prasad, Both R/o Dhamoul, P.S.- Pakari Barawa, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-07-2018 Heard the learned counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is in custody since 25.11.2017 in connection with Session Case No.182 of 2018 arising out of Ghandhi Maidan P.S. Case No.104 of 2017, registered under Section 302/120(B)/34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner has been taken into custody only on suspicion and there is no further material to support the prosecution case. However, learned counsel appearing on behalf of the informant submits that the petitioner No.1 is the father-in-law of the deceased Samdhi and they had been involved in a case under Section 304(B), he was trying to get case transferred from Nawada to Patna and finally the

Patna High Court Cr.Misc. No.32915 of 2018 (3) dt.03-07-2018 2/2 same was transferred. The petitioners have been granted bail very recently in connection with the said case under Section 304(B) and thereafter to wreck vengeance indulged in the present act and do not deserve bail.

Having heard learned counsel for the petitioners and counsel for the State as also the submissions advanced by learned counsel for the informant, I am not inclined to release the petitioner on bail. The prayer for bail is accordingly rejected. The trial Court is further directed to proceed expeditiously in connection with present case and disposed of the same preferably within nine months from the date of receipt / production of a copy of this order.

(Anjana Mishra, J) Sanjeev/- U T