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Patna High CourtCR. MISC./14265/2017rejected

Shankar Mandal v. The State Of Bihar

2017-04-19Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14265 of 2017 Arising Out of PS.Case No. -124 Year- 2013 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Shankar Mandal S/o Late Khikhar Mandal R/o Village Bhakharpur, PS - Pirpainty, District - Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Narayan, Adv. Mrs. Nirmala Kumari For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner wants to renew his prayer of bail which was earlier rejected vide Criminal Misc. No. 34838 of 2015 by order dated 24.11.2015 by this Court on the ground that the petitioner is suffering in custody since 04.05.2015. The statement of Urmila Devi is not reliable, the trial is not likely to be concluded in near future, altogether, four witnesses have been examined and all have turned hostile and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of bail by submitting that petitioner is one of the assailants as per statement

Patna High Court Cr.Misc. No.14265 of 2017 (2) dt.19-04-2017 2/2 of Urmila Devi who is still to be examined.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of bail, again prayer of bail of the petitioner stands rejected.

However, considering the detention of the petitioner, let the trial court is directed to expedite the trial and conclude the same as early as possible, preferably within six months from the date of receipt/production of a copy of this order after taking the same on priority basis.

(Jitendra Mohan Sharma, J) sushma/- U T