Pankaj Mandal @ Pankaj Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26172 of 2020 Arising Out of PS. Case No.-577 Year-2019 Thana- KATIHAR District- Katihar ====================================================== PANKAJ MANDAL @ PANKAJ KUMAR MANDAL Son of Gopal Mandal Resident of Mohalla- Teja Tola, Ward No. 04, P.S.- Katihar Town Sahayak, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghvendra Kumar Singh, Advocate For the Opposite Party/s :

None.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-01-2021 Heard learned counsel for the petitioner. No one appears on behalf of the State despite repeated calls. The petitioner is in custody in connection with Katihar Town P.S. Case No. 577 of 2019 for the offence under Section 302/34 IPC.

Learned counsel for the petitioner submits that the present case is developed version. Earlier an U.D. case was registered and later on a fardbeyan was recorded. He further submits that there is no eye witness to the occurrence. The allegation is general and omnibus and there is no specific allegation of assault by the petitioner. There is land dispute between the parties from before. The petitioner is in custody since 05.09.2019. The petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.26172 of 2020(3) dt.06-01-2021 2/2 Considering the fact that the petitioner has no criminal antecedent, there is general and omnibus allegation, the petitioner is next door neighbour and there is land dispute between the parties, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in connection with Katihar Town P. S. Case No. 577 of 2019.

The Superintendent of Police, Katihar is directed to ensure examination all prosecution witnesses at the earliest so that the trial is concluded within a period of nine months from the date of receipt/production of a copy of this order. In the event there is any delay and laches on the part of the petitioner in conclusion of the trial and the petitioner fails to appear on 2 consecutive dates without any cogent reason, the trial court shall be at liberty to cancel his bail bonds. (Anil Kumar Upadhyay, J) spandey/- U T