Pawan Kumar @ Pawan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48111 of 2024 Arising Out of PS. Case No.-162 Year-2023 Thana- JAMALPUR District- Munger ====================================================== Pawan Kumar @ Pawan Mandal S/O- Meghnath Mandal Resident of VillageBari Keshopur, PS- Jamalpur, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indu Bhushan, Advocate For the Opposite Party/s :

Mr.Renu Kumari, APP For the Informant :

Mr. Yoghendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for grant of regular bail in connection with S.Tr. no. 33 of 2024 arising out of Jamalpur P.S. Case no. 162 of 2023 registered under sections 302, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the petitioner is said to have shot the son of the informant leading to his death.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 7.2.2024 (Annexure-1) passed in Cr. Misc. no. 4917 of 2024. It is submitted that though the application for bail of the petitioner was rejected on merits earlier, however on the very

Patna High Court CR. MISC. No.48111 of 2024(4) dt.06-09-2024 2/3 face of it the allegations as levelled in the F.I.R that the injury/deceased narrated about the manner of occurrence inspite of having sustained a gun shot injury in his head, is not only absurd but falsifies the prosecution case. The petitioner is in custody since 29.8.2023 and undertakes to cooperate in the trial and to abide by any conditions which may be laid by this Court for his release on bail.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that the petitioner is the assailant of the deceased. All the accused persons have now appeared, charge has been framed and the informant is ready to produce his private witnesses on weekly basis or as and when directed by the learned trial Court.

6. Having heard learned counsel for the parties and having perused the material on record, the petitioner being the assailant of the deceased as per the allegations in the F.I.R, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Learned trial Court is directed to expedite the trial and to conclude the same at the earliest preferably within a period of six months from the date of communication of this

Patna High Court CR. MISC. No.48111 of 2024(4) dt.06-09-2024 3/3 order.

8. It is further directed that the Superintendent of Police, Munger shall ensure the appearance of the official witnesses as and when directed by the learned trial Court.

9. Let a copy of this order be communicated to the Superintendent of Police, Munger for its due compliance. (Partha Sarthy, J) Harsh/- U T