Bidya Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45562 of 2021 Arising Out of PS. Case No.-2 Year-2007 Thana- SANHAULA District- Bhagalpur ====================================================== BIDYA MANDAL Son of Late Deep Narayan Mandal Resident of VillageDobhi, P.S.- Amdanda, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-02-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for bail in a case registered under sections 302, 307 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that while he was at his house the accused persons including the petitioner herein came and started to abuse him. On the informant making an attempt to flee away, they caught hold of his wife and assaulted with the butt of pistol as a result of which she died on the spot.

It is submitted by learned counsel for the petitioner that the allegations against the petitioner are general and omnibus in nature. The earlier application for bail of the petitioner was rejected vide order dated 17.8.2020 passed in Cr.

Patna High Court CR. MISC. No.45562 of 2021(3) dt.28-02-2022 2/2 Misc. no. 81281 of 2019. Inspite of the petitioner being in custody since 6.10.2016, the trial in the learned Court below has still not concluded.

A report was called for from the learned Court below and as per the report received eight witnesses have been examined on behalf of the prosecution and only the doctor i.e one Dr. Arun Kumar Singh remains to be examined. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial Court is directed to expedite the trial and to conclude the same within three months of the receipt/communication of this order.

In case the trial is not concluded within the aforesaid period for no fault on part of the petitioner, the petitioner will be at liberty to renew his prayer for bail in the learned Court below which shall be considered without being prejudiced by this order of rejection.

(Partha Sarthy, J) Prakash/- U