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Patna High CourtCR. MISC./438/2016rejected

Debdatta Mandal v. The State Of Bihar

2016-01-07Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.438 of 2016 Arising Out of PS.Case No. -9 Year- 1990 Thana -MARAUNA District- SUPAUL ======================================================

1. DEBDATTA MANDAL Son of late Sital Mandal Resident of Village - Mohanpur, P.s Marouna, District Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Jha For the Opposite Party/s : Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-01-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. It appears that bail bond of the petitioner was cancelled on 04-07-1995 as he failed to appear before the trial court and even after, issuance of almost all the processes, he could not be arrested.

Submission on behalf of the petitioner is that petitioner has, voluntarily, surrendered before the court below and, is in custody for near about four months and therefore, he has sufficiently been punished.

Regard being had to the above-said submissions as well as fact and circumstances, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection

Patna High Court Cr.Misc. No.438 of 2016 (2) dt.07-01-2016 2/2 with Marouna P.S. Case No. 09 of 1990 pending in the court of learned Sub Divisional Judicial Magistrate, Supaul stands rejected. However, learned trial court is directed to conclude the trial of the petitioner within six months from the date of receipt/production of copy of this order, failing which, the petitioner may renew his prayer for bail before the learned trial court itself.

(Hemant Kumar Srivastava, J) A.K.V./- U T