Niranjan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47542 of 2021 Arising Out of PS. Case No.-244 Year-2018 Thana- PIRPAINTI District- Bhagalpur ====================================================== NIRANJAN MANDAL S/o- Rash Behari Mandal Resident of VillageAthania, P.S.- Pirpainti, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Kumar Singh For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-09-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Pirpainti P.S. Case No. 244 of 2018 registered under Section 392 of the Indian Penal Code pending in the Court of Additional Chief Judicial Magistrate-XI, Bhagalpur.

Submission of learned counsel for the petitioner is that earlier prayer of the petitioner for bail was rejected twice by this Court vide Cr. Misc. No. 38749 of 2019 on 13.09.2019 and Cr. Misc. No. 6684 of 2021 on 10.02.2021. Petitioner is in custody since 28.02.2019.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that earlier prayer of the petitioner for grant of regular bail was rejected

Patna High Court CR. MISC. No.47542 of 2021(3) dt.29-09-2021 2/2 twice by this Court on merit, as contained in Annexure-1 and 1/1 to the bail application. There is no fresh ground in the present case.

On perusal of report, as called for from the Court of A.C.J.M.-XI, Bhagalpur, it appears that seven prosecution witnesses are yet to be examined.

Having considered the above facts and circumstances of the case as also the report of the learned Trial Court, this Court is not inclined to grant bail to the petitioner. Accordingly, prayer of the petitioner for bail is again rejected. However, Trial Court is directed to conclude the trial expeditiously, preferably within a period of three months from today.

shailendra/- (Arvind Srivastava, J) U T