Taira Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9866 of 2018 Arising Out of PS.Case No. -69 Year- 2013 Thana -SABAUR District- BHAGALPUR ======================================================

1. Taira Mandal S/o late Paro Mandal, R/o Village- Mamalkha (Ramnagar), P.S.- Sabour, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Kumar Singh For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

According to First Information Report, the informant is eye-witness of the occurrence and the petitioner is main assailant.

Trial of the case is going on. The informant who claims to be the eye-witness is yet to be examined. During trial, some other witnesses have already been examined. Petitioner is in custody since 02.09.2016.

Considering the aforesaid fact, I am not inclined to enlarge the petitioner on bail for the present in connection with

Patna High Court Cr.Misc. No.9866 of 2018 (4) dt.11-04-2018 2/2 Sessions Trial No. 280 of 2017 arising out of Sabour Police Station Case No. 69 of 2013 pending in the court of learned 1st Additional Sessions Judge, Bhagalpur.

Hence, prayer for bail is refused.

However, the petitioner would be at liberty to renew the prayer, after examination of the informant, along with statement of the informant recorded during trial or after completion of six months of custody from today, if in the meantime trial is not concluded, whichever is earlier. (Birendra Kumar, J) Kundan/- U T