Arbind Mandal @ Arvind Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61889 of 2024 Arising Out of PS. Case No.-374 Year-2021 Thana- BARHARA KOTHI District- Purnia ====================================================== Arbind Mandal @ Arvind Kumar Mandal S/o Naresh Mandal R/o VillageBaruna Shanti Nagar, Ward No. 13, P.S. - Barhara, Distt. - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Tiwary, Adv.

For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-11-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sessions Trial No.186 of 2023 arising out of Barhara Kothi P.S. Case No. 374 of 2021 dated 17.11.2021, lodged under Sections 341, 323, 498(A), 304(B) & 143 of the Indian Penal Code.

3. Learned Counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected twice vide order dated 16.11.2022 passed in Cr. Misc. No. 36086 of 2022 and vide order dated 22.12.2023 passed in Cr. Misc. No. 73716 of 2023 with liberty granted to the petitioner that if, within six months trial shall not be concluded, the petitioner may renew his prayer for bail. Counsel further submits that vide order no.2 dated 04.09.2024, a report about the present stage of the trial has been called for and from the said report, it transpires that out of 13 charge-sheet witnesses, four witnesses have been examined and

Patna High Court CR. MISC. No.61889 of 2024(3) dt.14-11-2024 2/2 nine witnesses are yet to be examined.

4. It transpires to this Court that earlier also, the status was same and no progress took place.

5. In this background, the Superintendent of Police, Purnea is directed to do the needful so that the SHO concerned shall produce the charge-sheet witnesses before the Trial Court in connection with Sessions Trial No.186 of 2023 arising out of Barhara Kothi P.S. Case No. 374 of 2021 within two months from the date of production of this order.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected at present.

8. Office is directed to transmit a copy of this order to the Superintendent of Police, Purnea through fax, e-mail or any other mode forthwith. Learned A.P.P. for the State is also directed to communicate this order to the Superintendent of Police, Purnea. Aman Kumar/- (Dr. Anshuman, J) U T