Patna High CourtCR. MISC./47274/2016rejected

Fudari Mallik @ Fudani Mallik v. The State Of Bihar

2016-11-09Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47274 of 2016 Arising Out of PS.Case No. -145 Year- 2015 Thana -MANIGACHI District- DARBHANGA ======================================================

1. Fudari Mallik @ Fudani Mallik, son of Late Baleshwar Mallik, resident of Village Chhuria Mushhari Tola, Police Station-Manigachhi (Nehra), District- Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-11-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner wants to renew his prayer for bail which was earlier rejected by order dated 22.01.2016 passed in Cr. Misc. No. 54742 of 2015 on the ground that the petitioner is suffering in custody since 29.05.2015, the trial has not been concluded as yet and in near future the trial is not likely to be concluded, there is no chance of tampering with the prosecution evidence and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. opposes by submitting that the witnesses have supported the allegation and further the postmortem report also corroborates the prosecution version.

Patna High Court Cr.Misc. No.47274 of 2016 (2) dt.09-11-2016 2/2 In the facts and circumstances as stated above, finding no good ground for reconsideration of prayer for bail, again prayer for bail of the petitioner stands rejected in connection with Sessions Trial No. 240 of 2015 arising out of Manigachhi (Nehra) P.S. Case No. 145 of 2015 pending in the court of the learned Additional Sessions Judge, 4th, Darbhanga.

However, considering detention of the petitioner the learned trial court is directed to expedite the trial and to conclude the same preferably within a period of six months from the date of receipt/production of a copy of this order.

(Jitendra Mohan Sharma, J) Abhay/- U T