Ganesh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38388 of 2023 Arising Out of PS. Case No.-258 Year-2016 Thana- KAHALGAON District- Bhagalpur ====================================================== Ganesh Mandal Son Of Kallar Mandal Resident Of Village- Santnagar, Fulkiya, Ps- Ghogha, Distt- Bhagalpur, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashutosh Kumar, Adv.
For the Opposite Party/s :
Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-08-2023
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail, who is in custody since 09.09.2016 in connection with Kahalgaon, Ghogha P.S. Case No. 258/2016, S.T. No.16/2017, G.R. No.2664/2016, dated 05.08.2016, for the offences punishable under Sections 304(B), 34 of the IPC.
3. According to prosecution case, the petitioner along with other co-accused persons are said to have committed murder of the deceased due to non-fulfillment of the demand of dowry.
4. Learned counsel for the petitioner submits that earlier the bail petition of the petitioner was dismissed for non-appearance of the concerned advocates vide order dated 01.05.2017 passed in Cr. Misc. No. 12916/2017. Thereafter the bail petition of the petitioner was again rejected by this Hon'ble Court vide order dated 11.10.2017 passed in Cr. Misc. No.41121/2017. Thereafter the petitioner again approached this Court in Cr. Misc. No.63891/2022, which was
Patna High Court CR. MISC. No.38388 of 2023(4) dt.09-08-2023 2/2 dismissed as withdrawn with liberty to move a fresh application before the learned court below as the impugned order has already been assailed in Cr. Misc. No.41121/2017. Now, the petitioner again approached this Hon'ble Court for grant of bail.
5. Vide order dated 21.06.2023 a report was called for from the learned Trial Court. Report dated 27.07.2023 of the learned Trial Court reveals that all the charge sheeted witnesses have been examined and now the case is fixed for statement of the accused under Section 313 Cr.P.C.
6. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.
7. In view of the report of the learned trial court, I am not inclined to enlarge the petitioner on bail in connection with Kahalgaon, Ghogha P.S. Case No. 258/2016, S.T. No.16/2017, G.R. No.2664/2016 , pending in the court of learned District and Sessions Judge-XI, Bhagalpur.
8. Prayer is refused.
9. However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) amit/- U T