Patna High CourtCR. MISC./25201/2017rejected

Mannu Kumar v. The State Of Bihar

2017-07-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25201 of 2017 Arising Out of PS.Case No. -430 Year- 2013 Thana -DARBHANGA SADAR DistrictDARBHANGA ====================================================== Mannu Kumar Son of Ram Babu Ray Resident of Village-Tarwa Majhouliya, Police Station Paroo, District Muzaffarpur, Bihar .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sessions Trial No. 189 of 2017, arising out of Darbhanga Sadar P.S.Case No. 430 of 2013, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code. Allegation is that accused persons, including the petitioner have assaulted the deceased with bricks and iron rod causing his death.

It has been submitted on behalf of the petitioner that no specific allegation is attributed against the petitioner and there is general and omnibus allegation. It has further been submitted that, as a matter of fact, while the deceased was going along with the petitioner and others he fell down and received injuries.

Patna High Court Cr.Misc. No.25201 of 2017 (3) dt.05-07-2017 2/2 However, due to enmity petitioner has falsely been implicated and further one of the co-accused has been granted bail by this Court in Cr.Misc.No. 25938 of 2015, vide order dated 8.10.2015. Heard learned APP also.

Having heard both sides and in view of the fact that this case is of the year 2013 and petitioner surrendered/taken into custody on 3.1.2017 almost after four years, I am not inclined to grant bail to the petitioner at this stage.

However, learned trial court is directed to expedite the trial of the petitioner and try to conclude it within seven months. If trial is not concluded within the said period, petitioner may renew his prayer for bail before the court below, which shall be considered on its own merit, without being prejudiced by this order.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U