Buddhan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54369 of 2017 Arising Out of PS.Case No. -28 Year- 2015 Thana -MADHWAPUR District- MADHUBANI ====================================================== Buddhan Mandal, S/o Panchu Mandal, R/o Vill.- Pirokhar, P.S.- Madhuapur, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jagnnath Singh, Adv. For the Opposite Party/s : Mr. Sri Satyavarat Verma, APP For the Informant : Mr. Sanjeev Kumar Jha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03-01-2018 Heard Mr. Jagnnath Singh, learned counsel appearing for the petitioner, learned counsel for the State and Mr. Sanjeev Kumar Jha, learned counsel appearing for the informant. The prayer of the petitioner was earlier rejected vide order passed on 29.1.2016 in Cr. Misc. No.58176 of 2015 and has been renewed again relying upon an order dated 6.9.2017 passed by a coordinate Bench of this Court in a case arising from Cr. Misc. No.37140 of 2017 (Shrawan Sah vs. The State of Bihar).

Mr. Sanjeev Kumar Jha, learned counsel appearing for the informant has invited the attention of this Court to an order dated 15.11.2017 passed by the same Bench to submit that another co-accused Nunnu Sah who was associated along with the petitioner had filed bail application in Cr. Misc. No.52037 of

Patna High Court Cr.Misc. No.54369 of 2017 (2) dt.03-01-2018 2017 and the same Bench taking note of the circumstances that the trial has already commenced and two prosecution witnesses have already been examined has refused the prayer of the petitioner and the bail application was dismissed with an advise to the trial court to expedite the trial.

Having heard learned counsel for the parties and considering that the trial has already commenced and the evidence of the prosecution witnesses is going on I do not feel inclined to grant indulgence to the prayer of the petitioner and this application is dismissed with an advice to the trial court to expedite the trial so as to conclude the same expeditiously and in the light of the advice given by a coordinate Bench in Cr. Misc. No.52037 of 2017.

The application is dismissed accordingly.

(Jyoti Saran, J) SKPathak/- U T