Yogendra Mandal @ Jogendra Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34481 of 2019 Arising Out of PS. Case No.-60 Year-2018 Thana- RAJNAGAR District- Madhubani ====================================================== YOGENDRA MANDAL @ JOGENDRA MANDAL Son of Mahavir Mandal Resident of Village- Maurahi, P.S.- Rajnagar, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ansul For the State :
Mr.Satya Nand Shukla For the O.P.
:
Mr. Subhash Kr. Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner informant and the learned counsel for the State.
The petitioner seeks bail in Raj Nagar P.S. case no. 60 of 2018 instituted for the offence under Sections 341, 323, 504, 506/34 of the IPC. Later on Sections 302 of the IPC was added. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 22.11.2018 passed in Cr. Misc. no. 55836 of 2018 with direction to trial Court to expedite the trial. Petitioner is in custody since 24.3.2018.
Allegation against this petitioner is that he assaulted the husband of the informant with 'Fatta' on his head causing head injury on account of which he fell down on the ground. The informant went to save her husband then this petitioner assaulted with 'Fatta' on the neck of informant.
Patna High Court CR. MISC. No.34481 of 2019(4) dt.14-08-2019 2/2 The prayer for bail petitioner was earlier rejected on merit by this Court.
Learned counsel for informant has appeared and opposed the prayer for bail. He submits that petitioner is the main assailant . The trial has commenced and the case is pending at the stage of persecution witnesses.
Report called for from the court below has been received from which it appears that case is pending at the stage of evidence. Court below has mentioned in the report that there is every likelihood of trial to be completed within six months. In such circumstances, this Court is not inclined to grant bail to the petitioner, at this stage. The prayer for bail of the petitioner again rejected.
Trial Court is directed to expedite the trial and make efforts to conclude the same as early as possible preferably within a period of 6 months either by fixing the case on day to day basis or by giving short adjournments in the case and send compliance report to this court.
(Sanjay Priya, J) shyambihari/- U T