Binod Mandal @ Vinod Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37658 of 2023 Arising Out of PS. Case No.-464 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== Binod Mandal @ Vinod Mandal Son of Bechan Mandal Resident of village - Aaurahi, ward no. 09, P.S. - Simraha (Forbesganj), Distt. - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 29.06.2021 in connection with Sessions Trial No. 307 of 2021 arising out of Forbesganj (Simraha) P.S. Case No. 464 of 2021, F.I.R. dated 28.06.2021 for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

3. According to prosecution case, this petitioner along with other accused persons have murdered Phulo Devi and burnt her dead body in order to hide the evidence.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.37658 of 2023(3) dt.18-09-2023 2/2 petitioner has not committed any offences as alleged in the F.I.R. and the informant is not the eye witness of the alleged occurrence.

5. The learned Additional Public Prosecutor on the basis of material available on record and referring to the impugned order, suggests that all the prosecution witnesses except the Medical Officer have been examined.

6. Learned Counsel for the petitioner on the basis of instruction told that now the Medical Officer has also been examined and the case is pending for argument.

7. Considering the aforesaid and the progress in the trial, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 307 of 2021 arising out of Forbesganj (Simraha) P.S. Case No. 464 of 2021 pending in the court of learned Sessions Judge, Araria.

8. Prayer is refused.

9. However, learned Trial Court is directed to expedite and conclude the trial at the earliest.

(Rajesh Kumar Verma, J) Vanisha/- U T