Mantun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66583 of 2018 Arising Out of PS. Case No.-108 Year-2016 Thana- BIHRA District- Saharsa ====================================================== Mantun Singh Son of Braham Singh @ Brahmanarayan Singh Resident of Village-Patori, P.S. Bihra District Saharsa (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Mukund For the Opposite Party/s :

Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-11-2018 Heard the parties.

Petitioner seeks bail in S.T.No.110/17 / 111/17 arising out of Bihra P.S.Case No.108/16 registered for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 448, 379, 427, 504, 506 and 302 of I.P.C.

Earlier prayer for bail of the petitioner was rejected twice vide order dated 18.03.2017 passed in Cr.Misc.No.7824 of 2017 and order dated 07.03.2018 passed in Cr.Misc.No.4620 of 2018 with direction to the trial court to expedite the trial and conduct the same on regular basis so that the trial may be concluded as soon as possible. At the same time, Superintendent of Police, Saharsa was directed to ensure the presence of the witnesses in court.

Submission on behalf of the learned counsel for the

Patna High Court Cr.Misc. No.66583 of 2018(2) dt.28-11-2018 2/2 petitioner is that in spite of the direction by this Court up till now only two witnesses have been examined. There is case and counter case and the petitioner has received serious injuries. Though it is alleged that the petitioner had fired but there is injury caused by farsa and he is in jail custody since 8.9.2017.

Heard the learned A.P.P.also.

Having heard both sides and in view of the facts and circumstances of the case, stated above, I am not inclined to grant bail to the petitioner. His prayer for bail is again rejected. However, trial court is directed to expedite the trial taking into consideration that the petitioner is in custody for two years and conclude it conducting on day to day basis. The Superintendent of Police, Saharsa is also directed to ensure the presence of the witnesses so that the trial may be expedited at earliest and at the same time learned trial court is directed to submit progress report on monthly basis to this Court. With the aforesaid directions this application is dismissed.

(Vinod Kumar Sinha, J) aks/- U