Shankar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29816 of 2017 Arising Out of PS.Case No. -156 Year- 1992 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Shankar Mandal, son of Late Ramchandra Mandal, Resident of VillageBari Pokhar Purani Bazar, Lakhisarai, P.S. and District- Lakhisarai. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Narsingh Tanti For the Opposite Party/s : Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Lakhisarai P.S.Case No. 156 of 1992 registered for the offences punishable under Sections 148, 149, 341, 324, 307 of the Indian Penal Code and 27 of the Arms Act.

It appears from perusal of the record that in this case provisional bail was granted to the petitioner by this Court in Cr.Misc.No. 3206 of 1993, vide order dated 22.3.1993 and thereafter petitioner has not surrendered in the court below and absconded for 24 years and now he is in custody since 28.11.2016. It has been submitted on behalf of the petitioner that in this case, case diary was missing and, as such, trial of the petitioner is held up.

Patna High Court Cr.Misc. No.29816 of 2017 (3) dt.21-07-2017 2/2 Heard learned APP also.

Having heard both sides, considering the facts and circumstances and from perusal of the record it appears that earlier a report was called for from the Superintendent of Police, Lakhisarai, who has submitted a report at Flag 'X' stating that case diary is not available and he has written to the District Magistrate as well as Superintendent of Police, Munger for the same.

Considering the long misuse and conduct of the petitioner after granting of provisional bail he has absconded for 24 years, I am not inclined to grant him bail. Prayer for bail of the petitioner is rejected.

However, a report be called for from the District Magistrate, Lakhisarai and Superintendent of Police, Munger as to whereabouts of the case diary. It is expected that both the officers will take the matter seriously and submit a report to this Court within 15 days as to what steps they have taken in this regard. (Vinod Kumar Sinha, J) spal/- U