Taira Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41011 of 2020 Arising Out of PS. Case No.-138 Year-2019 Thana- SABAUR District- Bhagalpur ====================================================== Taira Mandal Son of Late Paro Mandal Resident of Village - Ram Nagar Mamlakha, P.S. - Sabour, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-04-2021 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has renewed his prayer for regular bail in connection with Sabaur P.S. Case no. 138 of 2019 registered under sections 302, 307, 341, 323, 427, 504, 506 and 34 of the Indian Penal Code.

As per allegation in the F.I.R., the petitioner is stated to have struck the father of the informant with iron rod on his head leading to his death.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 4.2.2020 passed in Cr.Misc.no. 6346 of 2020. The petitioner is in custody since 14.8.2019 and there is no chance of the trial concluding in the near future. It is further

Patna High Court CR. MISC. No.41011 of 2020(4) dt.12-04-2021 2/2 submitted by learned counsel for the petitioner that laceration has been found on the body of the deceased, which is not explained from allegations in the F.I.R. There is no repetition of blow.

The application for bail is opposed by learned A.P.P. for the State.

A report with respect to the stage of trial had been called for and as per the report received four out of the eight witnesses have been examined on behalf of the prosecution. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner, this Court is not inclined to enlarge the petitioner on bail and the same is rejected.

Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Bibhash/- U T