Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.502 of 2017 Arising Out of PS.Case No. -428 Year- 2015 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Mantu Kumar, son of Late Arvind Chaudhary, Resident of Village - Uprawan, P.S. - Bihar, Distt - Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-03-2017 The petitioner is in custody since 08.11.2016 in connection with Bihar P.S. Case No. 428 of 2015, registered for offences punishable under Sections 328, 302 and 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that allegation against him is that he along with other accused persons called the deceased and took him to the petitioners house, where the deceased consumed wine and started vomiting and later on he died and except that there is nothing against the petitioner. it has further been submitted there was no intention of the petitioner to kill the petitioner by mixing poison in the wine as a matter of fact the deceased died due to his kidney ailment. It has also been submitted that other accused persons have already been granted bail and the petitioner has been languishing in judicial custody since 08.11.2016.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.502 of 2017 (4) dt.02-03-2017 2/2 Having heard both sides, from perusal of the F.I.R, it appears that it was the petitioner who called the deceased and took him to his house and offered him wine due to which he started vomiting and alter on died. Earlier in this case, Viscera report of the deceased was called for from the Director, Forensic Science Laboratory, Patna, which has been received and the result of the examination shows that "Ethyl Alcohol along with Aluminium Phosphide was detected. Ethyl Alcohol is the chief intoxicating ingredient of all alcoholic beverages where as Aluminium Phospide is commercially known as 'Celphos' is a sever gastro intestinal irritant and it is used as a grain preservative and is highly poisonous".

In view of the above, I am not inclined to grant the petitioner, the privilege of regular bail, it is accordingly rejected. However, the trial court is directed to expedite the trial and try to conclude it within a period of one year and if the trial is not concluded within the aforesaid period, the petitioner will be at liberty to renew his prayer for bail in the court below itself, which will be considered by the court below on the merit of the case, without being prejudiced by the order of this Court. (Vinod Kumar Sinha, J) sunil/- U T