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Patna High CourtCR. MISC./32431/2023dismissed

Shatrughan Mandal @ Shatrudhan Mandal v. The State Of Bihar

2023-06-21Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32431 of 2023 Arising Out of PS. Case No.-6 Year-2020 Thana- MORKAHI District- Khagaria ====================================================== SHATRUGHAN MANDAL @ SHATRUDHAN MANDAL s/o AWADH MANDAL RESIDENT OF VILLAGE BALAUR P.S. MORKAHI DISTRICT KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-06-2023 Heard the parties.

The petitioner is in judicial custody in connection with Morkahi P.S. Case No. 06 of 2020 for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act lodged on 13.01.2020 by the informant, Goutam Mandal.

The informant has alleged in the FIR that the accused persons shot at on the head and chest of his father causing his immediate death. He made specific allegation against the petitioner of firing on the head of the informant's father. The case was registered on 13.01.2020 whereas as per the statement made in paragraph-16 of the bail application, the petitioner came into judicial custody on 22.08.2021 i.e. almost a year and eight months later despite the fact that the specific allegation was

Patna High Court CR. MISC. No.32431 of 2023(2) dt.21-06-2023 2/2 alleged against him.

Earlier the prayer for bail of the petitioner was dismissed on merit vide order dated 08.08.2022 passed in Cr. Misc. No. 25227 of 2022.

Considering the specific allegation that has come against the petitioner of opening fire on the head of the informant's father causing his death, this Court is not inclined to grant him privilege of bail which is accordingly rejected. However, the Trial Court is directed to conclude the the trial within a period of nine months from today. (Rajiv Roy, J) Jagdish/KiranU T