Shankar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9925 of 2021 Arising Out of PS. Case No.-3 Year-2018 Thana- KUMAR KHAND District- Madhepura ====================================================== SHANKAR MANDAL SON OF LATE UPENDRA MANDAL RESIDENT OF SIRSIYA, P.S. BHARGAMA, DISTRICT- ARARIA. PRESENTLY RESIDING AT SUKHASAN P.S. KUMARKHAND, DISTRICTMADHEPURA, BIHAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priyank Deepak, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-07-2021 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Kumarkhand P.S. Case no. 3 of 2018 registered under section 302 and other sections of the Indian Penal Code.
As per allegation in the FIR, the petitioner is stated to have given a 'dabia' blow on the wife of the informant leading to her death on the spot.
It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 12.7.2018 (Annexure-1) passed in Cr. Misc. no. 31771 of 2018. Inspite of the petitioner being in custody since 8.1.2018, the trial is still pending.
The application for bail is opposed by learned counsel for the State.
A report was called for from the learned Court below
Patna High Court CR. MISC. No.9925 of 2021(3) dt.19-07-2021 2/2 and as per the report contained in letter no. 15.6.2021 the trial is pending for defence witness.
Having heard learned counsel for the parties and taking into consideration the progress in the trial which is pending for defence witness, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. The learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Prakash/- U