Prakash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33141 of 2015 Arising Out of PS.Case No. -235 Year- 2014 Thana -GAYA KOTWALI District- GAYA ====================================================== Prakash Mandal son of Suresh Mandal, resident of village - Sadanandpur Baisa, P.S.- Kahalgaon, District - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mohammad Sufyan, Advocate For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sessions Trial No.28 of 2015/252 of 2014 arising out of Kotwali P.S. Case No.235 of 2014 registered for the offences punishable under sections 489A, 489B and 489C of the Indian Penal Code. By a reasoned order passed in Cr. Misc. No.30304 of 2014 dated 11.9.2014, the prayer for bail of the petitioner was earlier rejected by this Court.

It has been contended that though the petitioner is in custody since eighteen months, till date even charges have not been framed Learned counsel for the State has opposed the prayer for

Patna High Court Cr.Misc. No.33141 of 2015 (3) dt.19-08-2015 2/2 bail.

Regard being had to the nature of allegation, I am not inclined to review my earlier order dated 11.9.2014. Accordingly, the prayer for bail of the petitioner is rejected. Learned Additional Sessions Judge-VII, Gaya is directed to take up the trial of the petitioner forthwith and conclude the same as early as possible preferably within one year from the date of receipt/production of a copy of this order failing which the petitioner would be at liberty to renew his prayer for bail before the trial court itself.

(Ashwani Kumar Singh, J) Md.S./- U T