Suresh Mali @ Suresh Malik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5493 of 2015 Arising Out of PS.Case No. -8 Year- 1996 Thana -CHAKIA District- EAST CHAMPARAN (MOTIHARI) ====================================================== Suresh Mali @ Suresh Malik Son of Late Harihar Mali Resident of village - Sitalpur, P.S. Chakia, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Indra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-07-2015 Heard both sides The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.

The petitioner is not named in the F.I.R. but, during the course of investigation, one Mahangu Dhangad, in para 30 of the case diary, claimed himself to be an eye-witness of the occurrence and disclosed that it was the petitioner who slit the neck of the deceased Ram Chandra Ram. The witness also disclosed the name of Baijnath Mallick, Kailash Mallick and Asharfi Mallick who dragged Ram Chandra Ram. The quarreling took place only because the deceased did not pay the price of liquor. It is submitted that other accused persons have been acquitted vide order passed in Sessions Trial No. 199/1998. The petitioner is in jail since 14.02.2014.

Patna High Court Cr.Misc. No.5493 of 2015 (5) dt.23-07-2015 2/2 Having considered the fact that it was the petitioner who slit the neck of the deceased, I am not inclined to enlarge the petitioner on bail in Chakia P.S. Case No. 08 of 1996. Accordingly, the same is rejected.

However, the trial court is directed to expedite the trial and conclude the same within nine from the date of receipt / production of this order.

(Prabhat Kumar Jha, J) Dilip/- U T