Rama Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52075 of 2022 Arising Out of PS. Case No.-268 Year-2020 Thana- JAMUI District- Jamui ====================================================== RAMA MANDAL s/o Daso Mandal Resident of Village- Manjhbey, P.S.- Jamui, District- Jamui (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baxi S.R.P. Sinha, Sr. Adv.

Mr. Vijay Kr Singh No. 1, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-11-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for grant of bail in a case registered under sections 307, 147, 149, 332, 324, 337 and 504 of the Indian Penal Code.

The earlier application for bail of the petitioner was rejected vide order dated 21.2.2022 passed in Cr. Misc. no. 40140 of 2021.

As per the prosecution case, the petitioner is said to have assaulted the deceased with a farsa.

It is submitted by learned Senior counsel appearing for the petitioner that the petitioner has been falsely implicated in the case. He is in custody since 13.12.2020 and has no criminal antecedent.

Patna High Court CR. MISC. No.52075 of 2022(3) dt.09-11-2022 2/2 It is submitted that there is no chance of the trial concluding in the near future.

A report was called for from the learned trial Court. As per the report received contained in letter dated 21.10.2022, charge was framed in the case on 16.8.2021, not a single witness has been produced for evidence on behalf of the prosecution and in fact bailable warrant of arrest has been issued for production of the witnesses.

Having heard learned counsel for the parties and taking into consideration the observation granted in the earlier order of rejection dated 21.2.2022, contents of the report received from the learned trial Court and the petitioner having remained in custody since 18.12.2020, the petitioner is directed to be enlarged on bail in connection with Sessions Trial No.140 of 2021 (arising out of Jamui P.S. Case no. 268 of 2020) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, Jamui.

(Partha Sarthy, J) Bibhash/- U