Mangal Mushahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14346 of 2017 Arising Out of PS.Case No. -76 Year- 2014 Thana -THAKRAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Mangal Mushahar, son of Inar Musahar, resident Jamuniya, P.S.- Thakaraha, District West Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Milind Kumar Mishra For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 302 of the Indian Penal Code.

Allegation against the petitioner is of committing murder of the deceased by means of Fasuli.

Earlier the bail application of the petitioner was rejected vide Annexure-1 to the present application with a direction to the trial court to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order. Further six months time was granted to the trial court to conclude the trial vide order dated 29.06.2016 passed in Cr. Misc. No. 21668 of 2016. This is the third attempt for bail on

Patna High Court Cr.Misc. No.14346 of 2017 (3) dt.26-04-2017 2/3 behalf of the petitioner.

A report was called for from the trial court regarding the stage of the case. It has been reported that out of 12 prosecution witnesses, seven prosecution witnesses have already been examined and the trial is expected to be concluded within a period of six months.

Considering the fact that the trial is in progress, I am not inclined to grant bail to the petitioner at this stage. The same is rejected in S.T. No. 147 of 2015, arising out of Thakaraha (Bhitaha) P.S. Case No. 76 of 2014, pending in the court of learned 2nd Additional Sessions Judge, Bagaha, West Champaran. By way of last indulgence, the Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order.

The District Magistrate, Bagaha at West Champaran and the Superintendent of Police, Bagaha at West Champaran are directed to ensure that the remaining prosecution witnesses are produced in the court on the date fixed by the court below, so that the trial could be concluded within the stipulated period, as indicated by the court below.

Let a copy of this order be communicated to the District

Patna High Court Cr.Misc. No.14346 of 2017 (3) dt.26-04-2017 3/3 Magistrate, Bagaha at West Champaran and the Superintendent of Police, Bagaha at West Champaran.

(Sudhir Singh, J) Amit/- U T