Jhaksu Mandal @ Jhaksu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46579 of 2016 Arising Out of PS.Case No. -72 Year- 2015 Thana -BARARI District- KATIHAR ====================================================== Jhaksu Mandal @ Jhaksu Mahto, S/o Ram Pravesh Mahto, Resident of Village-Pokhar Tola, Barari, P.S.-Barari, District-Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghvendra Kumar Singh For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-10-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 03.03.2016 passed in Cri. Misc. No. 58377 of 2015, on the ground that the petitioner is suffering in custody since 08.06.2015 having no criminal antecedent, trial has not been concluded within six months as given by this court. Up till now only 5 prosecution witnesses have been examined and in near future the trial is not likely to be concluded. Co-accused Arun Mahto and Chanchal Mahto have been allowed bail to which the learned A.P.P. opposes by submitting that the case of the petitioner is on different footing from that of Arun Mahto and Chanchal Mahto as the deceased had gone with the petitioner and the petitioner was seen with the

Patna High Court Cr.Misc. No.46579 of 2016 (2) dt.26-10-2016 2/2 deceased taking drink and further before the death the deceased has taken the name of the petitioner also.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of bail, again prayer of bail of the petitioner stands rejected.

However, considering the period of detention the trial court is directed to expedite the trial and conclude the same as early as possible, preferably within three months from the date of receipt/production of a copy of this order, failing which the petitioner, if at no fault, may renew his prayer for bail. (Jitendra Mohan Sharma, J) siddharth/-avin U T