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Patna High CourtCR. MISC./34380/2020rejected

Gorakh Manjhi v. The State Of Bihar

2021-01-15Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34380 of 2020 Arising Out of PS. Case No.-79 Year-2017 Thana- MASAUDHI District- Patna ====================================================== Gorakh Manjhi son of Late Badhu Manjhi, Resident of Village-Rewan, P.S.- Masaurhi, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Chandra, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-01-2021 Heard both sides.

Petitioner seeks bail in Masaurhi P.S. Case No.79 of 2017 registered under Section 302 of the IPC. The petitioner is alleged to have assaulted Suren Manjhi (father of the informant) with gobani (a sharp edged weapon made of iron) in his chest and he died on the spot. Learned counsel for the petitioner submits that the petitioner is in custody since 20.03.2017 but the trial has not yet been concluded.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

Now the case is pending in the Court of learned Additional Sessions Judge, Masaurhi. Learned Additional

Patna High Court CR. MISC. No.34380 of 2020(2) dt.15-01-2021 2/2 Sessions Judge, Masaurhi is directed to hold the trial on day to day basis and conclude the same within nine months from the date of receipt of this order.

The S.S.P., Patna and the Dy.S.P., Masaurhi are directed to ensure the attendance of the prosecution witnesses of Masaurhi P.S. Case No.79 of 2017 corresponding to Sessions Trial No.562 of 2017 in the court so that the trial must be concluded within nine months.

Let a copy of this order be sent to the trial court as well as the S.S.P., Patna and the Dy.S.P., Masaurhi for information and needful.

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