Patna High CourtCR. MISC./26706/2014rejected

Shiv Sharan Mandal v. The State Of Bihar

2015-01-23Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26706 of 2014 Arising Out of PS.Case No. -50 Year- 2012 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Shiv Sharan Mandal Son of Kashi Mandal Resident of village and P.o. - Khabadpur, Police Station -Pirpainti, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Pandey For the Opposite Party/s : Mr. Sanjay Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 21.12.2013 on the accusation that he being Assistant Post Master defalcated the government money to the tune of Rs.4,52,453/-. The contention on behalf of the petitioner is that petitioner is in jail custody since long but up till now his trial could not be concluded.

The learned trial court has reported that the case is pending for recording prosecution evidence.

Taking note of the allegation leveled against the petitioner as well as submissions of the parties, I am not inclined to grant privilege of bail to the petitioner, accordingly, his prayer

Patna High Court Cr.Misc. No.26706 of 2014 (4) dt.23-01-2015 2/2 for bail in connection with Gopalpur P.S. Case No. 50 of 2012, pending in the court of Sub. Divisional Judicial Magistrate, Naugachia stands rejected.

However, it is made clear that if the trial of the petitioner is not concluded within seven months from the date of receipt / production of copy of this order on account of latches of the prosecution, the petitioner may renew his prayer for bail before the learned trial court itself, and if the petitioner does so, the learned trial court shall consider the prayer for bail of the petitioner in accordance with law without being prejudiced by this rejection order, particularly, keeping in mind the period of detention of the petitioner , stage of trial as well as observation made by this Court in this order.

(Hemant Kumar Srivastava, J) Namita/- U