Patna High CourtCR. MISC./28047/2016bail granted

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

2016-12-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28047 of 2016 Arising out of P.S.Case No. -47 Year- 2014 Thana -KORHA District- KATIHAR ====================================================== Manoj Kumar Mandal @ Manoj Mandal, son of Charitar Mandal @ Chaliter Mandal, resident of village - Bari Bhains Dira, P.S. Barari, District - Katihar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Birendra Kumar, Advocate. For the State : Smt. Gulnar Begam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2016 Heard both sides.

The petitioner seeks bail in Korha P.S. Case No. 47 of 2014 under Section 302 and other Sections of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected vide order dated 14.5.2015 passed by this Court in Cr. Misc. 6431 of 2015. The deceased went to purchase a Pumping Set after receiving the call made by the petitioner, but the deceased did not return. It is submitted that the petitioner was arrested and on the basis of his confession, the motorcycle of the deceased was recovered from the house of Md. Zahid and that there is no other material to show the complicity of the petitioner. The petitioner is

Patna High Court Cr.Misc. No.28047 of 2016 (3) dt.14-12-2016 2/2 in jail custody since 17.9.2014 and he has already remained in jail for more than two years and three months. The trial court was directed to conclude the trial within nine months, but the same has not yet been concluded.

Considering the facts and circumstances of the case, the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri H.C. Srivastava, learned A.D.J. V, Katihar, in connection with Sessions Trial No. 108 of 2015 arising out of Korha P.S. Case No. 47 of 2014 subject to the condition that the petitioner shall appear in the trial court on each and every date fixed for evidence.

(Prabhat Kumar Jha, J) S.Ali/- U T