Kilindar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28723 of 2020 Arising Out of PS. Case No.-64 Year-2013 Thana- JAHANABAD District- Jehanabad ====================================================== KILINDAR MANJHI S/o Late Butai Manjhi Resident of Village-Rasalpur, P.S.-Jehanabad (Karouna O.P.), District-Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Bilash Ray "Raman", APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-03-2021 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Informant who is the father of the deceased has alleged that petitioner along with other co-accused fired upon his son as a result of which he died on the spot.

Earlier also, petitioner had moved this Court for grant of regular bail which was rejected vide Annexue 1 with a direction to the court below to expedite the trial and conclude the same within one year from the of receipt of the order. Vide order dated 03.02.2021, report was called for from the court concerned as with regard to the stage of trial and time likely to be taken for concluding the trial.

Patna High Court CR. MISC. No.28723 of 2020(3) dt.22-03-2021 2/2 Report of the trial court has been received, which is kept at Flag X, in which, it has been stated that out of 10 prosecution witnesses, 8 prosecution witnesses have been examined and as per verbal submission made by learned Additional Public Prosecutor, evidence would finish within two months and in view of submission of learned Additional Public Prosecutor and having regard to the stage of trial, as mentioned above, the case is likely to be disposed of within a period of three months.

In view of the above, considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected.

However, the trial court is directed to conclude the trial within a period of three months, as mentioned above in the report of trial court.

(S. Kumar, J) Sanjay/- U T