Patna High CourtCR. MISC./58840/2023allowed

Mangal Dom v. The State Of Bihar

2023-10-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58840 of 2023 Arising Out of PS. Case No.-148 Year-2019 Thana- KOPA District- Saran ====================================================== MANGAL DOM S/O CHHOTE LAL DOM R/O VILLAGE- MAHULI, P.SMUFASIL, DISTT.- BHOJPUAR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120B/34 of the Indian Penal Code.

3. According to the FIR, the accused persons including the petitioner are alleged to have committed murder of the husband of the informant.

4. Earlier, the application for regular bail of the petitioner was rejected by this Court vide order dt. 13.1.2023 passed in Cr. Misc. No. 14465 of 2022 with a direction to conclude the trial within a period of six months, failing which, the petitioner might be at liberty to renew the prayer of bail.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.58840 of 2023(3) dt.13-10-2023 2/2 that the trial has not been concluded as yet and the petitioner is languishing in judicial custody since 2.10.2019. There is no hope to conclude the trial in near future.

6. In pursuance to the direction of this Court, a report dt. 25.9.2023 with regard to present stage of trial has been received by which it appears that two prosecution witnesses have been examined out of seven witnesses and the trial is likely to be concluded within a period of six months.

6. Considering the aforesaid facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kopa P.S. Case No. 148 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VII, Saran at Chhapra. (Sunil Kumar Panwar, J) sushma/- U T