Dhiraj Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49296 of 2021 Arising Out of PS. Case No.-55 Year-2019 Thana- BARIYARPUR District- Munger ====================================================== DHIRAJ MANDAL Son of Nepali Mandal Resident of village /Muhalla - Paria, P.S. - Bariarpur, District - Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner seeks bail in Sessions Case No. 43 of 2020 arising out of Bariyarpur P.S. Case No. 55 of 2019 registered under Section 302 of the Indian Penal Code and 27 of the Arms Act.

Earlier prayer for bail of the petitioner was rejected taking into account that the petitioner was the assailant. A report was called for from the trial court. It has been reported that out of 9 prosecution witnesses, seven prosecution witnesses have already been examined and the trial is likely to be concluded within a period of three

Patna High Court CR. MISC. No.49296 of 2021(3) dt.15-12-2021 2/2 months.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected. Learned trial court is directed to take all necessary steps to conclude the trial of the petitioner preferably within a period of three months from the date of receipt/production of copy of this order.

The District Magistrate and the Superintendent of Police, Munger are directed to ensure the production of witnesses on the date fixed by the trial court so that the trial could be concluded within the stipulated period of three months. Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Munger for needful.

(Sudhir Singh, J) A.K.V.//- U T