Gokul Mandal @ Gokhul Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30647 of 2014 Arising Out of PS.Case No. -82 Year- 2001 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Gokul Mandal @ Gokhul Mandal, Son of Late Sharo Mandal, resident of Village-Jhoua Bahiyar, P.S.-Muffasil (Bariyarpur), District-Munger. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.31905 of 2014 Arising Out of PS.Case No. -82 Year- 2001 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Sagar Mandal, Son of Anandi Mandal, resident of Village-Jhoua Bahiyar, P.S.-Muffasil (Bariyarpur), District-Munger.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.30647 of 2014) For the Petitioner/s : Mr. Tarkeshwar Pd. Verma For the Opposite Party/s : Mr. Nawal Kishore Pd. (A.P.P.) (In Cr.Misc. No.31905 of 2014) For the Petitioner/s : Mr. Tarkeshwar Pd. Verma For the Opposite Party/s : Mr. B.N. Pandey (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-12-2014 Since both the cases arise out of one case, they are being taken up together and are being disposed of by this composite order.

Heard both sides.

The two petitioners, namely, Gokul Mandal @ Gokhul Mandal and Sagar Mandal, seek bail in Munger Muffasil (Bariyarpur) P.S. Case No. 82 of 2001,

Patna High Court Cr.Misc. No.30647 of 2014 (3) dt.24-12-2014 2/3 registered for the offence punishable under Sections 147, 148, 149, 447, 341, 302 and 201 of the Indian Penal Code and 27 of the Arms Act.

The informant named these two petitioners alongwith other accused persons and alleged that all the accused persons caught hold her son, Uday Mandal, and her husband, Wakil Mandal. Billa Mandal fired at Uday Mandal and Dinesh Mandal fired at her husband and her husband and son both died. Petitioners are named in the F.I.R.

Learned counsels for the petitioners submit that other accused persons have been acquitted. It appears that the petitioners have been absconding for last thirteen years, although, the charge-sheet was submitted against them in the year 2001 itself, showing them absconder.

Having regard to the facts that both the accused persons absconded for thirteen years, I am not inclined to enlarge the petitioners, namely, Gokul Mandal @ Gokhul Mandal and Sagar Mandal, on bail.

Accordingly, their prayer for bail is rejected. The trial court is directed to expedite the trial and

Patna High Court Cr.Misc. No.30647 of 2014 (3) dt.24-12-2014 3/3 conclude the same within six months from the date of receipt/production of a copy of this order.

The petitioners may renew their prayer for bail if the trial is not concluded within stipulated period. (Prabhat Kumar Jha, J) Praveen-II/- U T