Dablu @ Dabla @ Rajesh Mandal @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7440 of 2016 Arising Out of PS.Case No. -64 Year- 2013 Thana -AMARPUR District- BANKA ====================================================== Dablu @ Dabla @ Rajesh Mandal @ Rajesh Kumar, son of Sri Bharat Mandal @ Bharat Tanti, resident of Village- Mahauta, Police StationAmarpur, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. B.N.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-04-2016 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is seeking bail in connection with Amarpur P.S. Case No. 64 of 2013 (G.R. No. 440 A/2013) for offence under Sections 307/302/34 of the Indian Penal Code. There is a direct allegation against the petitioner to have inserted Gupti in the chest of the grandson of the Informant due to which he died.

Considering the nature of allegation, this Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner, namely, Dablu @ Dabla @ Rajesh Mandal @ Rajesh Kumar is rejected.

Patna High Court Cr.Misc. No.7440 of 2016 (3) dt.11-04-2016 Earlier this Court had called for a status report of the case. The Status Report contained in letter dated 18.3.2016 goes to show that the case has not been committed to the court of sessions. It is very unfortunate state of affairs in the court below that matter has been kept pending for last three years without considering the fact that the accused is confined in judicial custody. It was expected from the judicial official to be more sensitive towards the case specially when the accused is in jail.

This Court directs that the case should be committed to the court of sessions within a period of one month from the date of receipt of the order and the sessions court will complete the trial within a period of nine months thereafter and will also submit a report thereafter to this Court about the status of the case. It is, however, made clear that if the trial of the petitioner is not completed in the aforesaid period, the petitioner will be at liberty to renew his prayer for bail before this Court.