Akala Mandal @ Akela Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55170 of 2016 Arising Out of PS.Case No. -101 Year- 2013 Thana -GOPALPUR District- BHAGALPUR ====================================================== Akala Mandal @ Akela Mandal, son of Sri Kant Mandal alias Kare Mandal, resident of Village- Sadhua, P.S. Rangra (O.P), District Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-03-2017 Heard both sides.
The petitioner seeks bail in Gopalpur P.S. Case No. 101 of 2013, corresponding to S.T. No. 592 of 2015, registered under Section 302 and other Sections of the Indian Penal code and 27 of the Arms Act.
The prayer for bail of the petitioner was earlier rejected vide order dated 3.9.2015 passed in Cr. Misc. No. 15647 of 2015 with a direction to the trial court to expedite the trial and conclude the same within one year.
A report has been received and from the report itself it appears that the learned 2nd Additional Sessions Judge, Naugachia did not hold the trial on day-to-day basis and till date only one prosecution witness i.e. the informant was examined. In view of the nature of allegation against the
Patna High Court Cr.Misc. No.55170 of 2016 (3) dt.08-03-2017 2/2 petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.
The trial court is directed to hold the trial on day-today basis and conclude the same within six months from the date of receipt/ production of a copy of this order. The Superintendent of Police, Naugachia is also directed to ensure attendance of the non-examined witnesses of Goopalpur P.S. Case No. 101 of 2013 corresponding to Sessions Trial No. 592 of 2015 in the court of learned 2nd Additional Sessions Judge, Naugachia so that the trial must be concluded within a period of six months.
Let a copy of this order be sent to the Superintendent of Police, Naugachia and the learned 2nd Additional Sessions Judge, Naugachia for strict compliance of the order. (Prabhat Kumar Jha, J) BTiwary/- U T