Manoj Kumar Mandal @ Manoj Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6431 of 2015 Arising Out of PS.Case No. -47 Year- 2014 Thana -KORHA District- KATIHAR ======================================================

1. Manoj Kumar Mandal @ Manoj Mandal Son of Chariter Mandal @ Chalitar Mandal resident of village - Bari Bhains Dira, Police Station - Barari, District - Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Ajay Kumar Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-05-2015 Heard both sides.

The petitioner seeks regular bail in a case under section 302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

The petitioner is named in the first information report as the owner of the mobile used, who called the deceased for purchasing pumping set. The deceased had gone to purchase the pumping set after the call made by the petitioner but the deceased did not return.

Mr. Bimal Kumar, learned counsel for the petitioner submits that Md. Sabil, Md. Rahim and Md. Reyasat are also named in the first information report. Md. Sabil @ Md. Sabol and Md. Rahim have already been enlarged on bail vide

Patna High Court Cr.Misc. No.6431 of 2015 (3) dt.14-05-2015 order dated 30.04.2015 passed in Criminal Misc. No. 4237 of 2015. According to the confession made by the petitioner, Md. Reyasat is said to have fired killing the deceased. It is submitted that the case of the petitioner stands on the same footing as that of Md. Sabil and Md. Rahim but it reveals that the petitioner was apprehended during the course of investigation and he confessed his guilt. In pursuance of the confession made by the petitioner, the motor cycle of the deceased was recovered from Md. Zahid.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail in connection with Korha P.S. Case No. 47 of 2014 pending in the court of the Chief Judicial Magistrate, Katihar. Accordingly, this application for bail is rejected.

The learned trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt/production of a copy of this order. If the trial is not concluded by the aforesaid time, the petitioner may renew his prayer for bail firstly in the trial court.

(Prabhat Kumar Jha, J) Amin/- U