Mahanand Sahani @ Mahand Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22901 of 2020 Arising Out of PS. Case No.-738 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== MAHANAND SAHANI @ MAHAND CHAUDHARY S/o Late Baliram Sahani Resident of Village- Baraharwa, P.S.- Motihari Mufasil, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Binod Kumar Singh, Advocate For the State :

Mr. Choubey Jawahar, APP For the informant :

Mr. Ajay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Motihari Town P.S. case No.738 of 2018 registered under Sections 302, 120(B)/34 of the Indian Penal Code, pending in the court of Additional District &

Patna High Court CR. MISC. No.22901 of 2020(3) dt.07-12-2020 2/2 Sessions Judge 11, Motihari, East Champaran.

The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that there was specific allegation against the petitioner and co-accused Sanjay Singh, who were said to have fired upon the deceased. The postmortem report also corroborated with the allegations made in the F.I.R.

A report was called for from the trial court. It has been reported that all the prosecution witnesses have been examined and the prosecution evidence has been closed on 08.09.2020 and the matter has been fixed for recording the statement of the accused under Section 313 Cr.P.C. and the trial is likely to be concluded within six months.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order. Narendra/- (Sudhir Singh, J) U T