Balraj Mahto @ Balram Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24572 of 2017 Arising Out of PS.Case No. -459 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Balraj Mahto @ Balram Mahto S/o Mannu Mahto

2. Dhrub Mahto @ Dhrup Mahto @ Dhrip Mahto S/o Late Raj Bibhishan Mahto. Both R/o village- Ojha Mathiya, P.S. Manjhauliya, DistrictWest Champaran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 29-05-2017 Heard learned counsel for the petitioners and the learned counsel for the State.

The petitioners seek bail in connection with Manjhauliya P.S. Case No. 459 of 2015, registered for the offences, punishable under Sections 147, 149, 341, 323, 307, 504 and 302 of the Indian Penal Code.

Allegation against the petitioners and other co-accused persons is of assault to the deceased.

Learned counsel for the petitioners submits that there is no specific allegation attributed against the petitioners and they are in custody since 03.12.2016.

Learned counsel for the State opposed the prayer for bail and submitted that seven injuries were found on the person of the deceased and prayer for bail of co-accused has already been

Patna High Court Cr.Misc. No.24572 of 2017 (2) dt.29-05-2017 2/2 rejected by another co-ordinate Benches of this Court vide Cr. Misc. No. 2309 of 2017, Cr. Misc. No. 49892 of 2016 and Cr. Misc. No. 6568 of 2017 and, as such, the petitioners do not deserve bail.

Having heard both sides and considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioners in connection with Manjhauliya P.S. Case No. 459 of 2015, pending in the court of learned C.J.M., Bettiah, West Champaran.

However, considering the fact that the petitioners are in custody for about six months, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same within a period of six months from the date of receipt/production of a copy of this order and at the same time, the Superintendent of Police, West Champaran, Bettiah is directed to ensure that the witnesses are present in court on the date fixed, so that the trial could be concluded within the stipulated period. This application is dismissed with the aforesaid observations.

(Sanjay Kumar, J) Amit/- U T