Siya Sharan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24375 of 2025 Arising Out of PS. Case No.-217 Year-2023 Thana- MIRGANJ District- Purnia ====================================================== Siya Sharan Mandal S/o Late Brahmna Mandal Resident of Vill- Baghua, P.S.- Mirganj, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sessions Trial No. 158 of 2024/CIS No. 158 of 2024 arising out of Mirganj P.S. Case No. 217 of 2023 instituted for the offences under Sections 341, 323, 324, 325, 307, 120, 354, 379, 385, 34 of the Indian Penal Code and later on Section 302 of the IPC was added.

3. Earlier vide order dated 03.07.2024 passed in Cr. Misc. No. 21168 of 2024, the prayer of the petitioner for grant of bail was rejected.

4. Prosecution case, in short, is that on the alleged date and time of occurrence, all the accused persons due to enmity

Patna High Court CR. MISC. No.24375 of 2025(3) dt.22-04-2025 2/3 brutally assaulted the informant's husband when the informant along with her husband and son had gone to see her agricultural land. It is further alleged that this petitioner stabbed the informant's husband several times in the body with spear due to which he sustained injuries and later on succumbed to injuries.

5. Learned counsel for the petitioner submits that the earlier, vide order dated 03.07.2024 passed in Cr. Misc. No. 21168 of 2024 the prayer for grant of bail to the petitioner was rejected with the liberty to the petitioner to renew his prayer for bail if the trial is not concluded within a period of six months. Learned counsel, therefore, submits that petitioner prays for grant of bail in light of the observation given by this Court. Learned counsel further submitted that as per the impugned order the trial is still in progress and out of nine witnesses, eight witnesses have been examined including the Investigating Officer and the Doctor. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.12.2023 and has no criminal antecedent.

6. Learned A.P.P. for the State vehemently opposed the prayer for grant of bail to the petitioner. Learned APP referring to the impugned order submits that trial is at an advanced stage and out of nine witnesses, eight witnesses have been examined.

Patna High Court CR. MISC. No.24375 of 2025(3) dt.22-04-2025 3/3

7. Considering the aforesaid facts and circumstances of the case, present stage of the trial, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

9. Learned Trial Court is directed to expedite the trial and conclude the same preferably within a period of two months.

10. However, liberty is granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the trial is not concluded within a period of two months from today. If any such application is filed before the learned court below, the learned Trial Court shall consider the same on its own merit without being prejudiced by this order.

(Rudra Prakash Mishra, J) Alok Verma/- U T