Basuki Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23573 of 2016 Arising Out of PS.Case No. -73 Year- 2015 Thana -SANHOLA District- BHAGALPUR ====================================================== Basuki Mandal, Son of Late Bhudeo Mandal, resident of village - Srichak, P.S. Sanhaulla, District - Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pravin Kumar Sinha, Advocate. For the Opposite Party : Mrs. Reena Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 10.09.2015 in connection with Sessions Trial No. 154 of 2016-C, arising out of Sanhaulla P.S. Case No. 73/2015, G.R. No. 3957/2015 for the offences instituted under Sections 302/34 of the IPC. It is alleged by the informant that this petitioner caused dagger blow on the thigh of his son, namely, Niwas Mandal, as a result of which, he died.

A report was called for from the court below regarding the stage of the case vide order dated 31.08.2016. The same is at Flag-'G'. It has been reported that out of 06 prosecution witnesses, 04 witnesses have already been examined and it is expected that

Patna High Court Cr.Misc. No.23573 of 2016 (8) dt.18-10-2016 2/2 that within a period of two months the trial will be concluded. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. The same is rejected in Sessions Trial No. 154/2016-C, arising out of Sanhaulla P.S. Case No. 73 of 2015, G.R. No. 3957 of 2015, pending in the court of the learned 4th Additional District & Sessions Judge, Bhagalpur.

The court below is directed to take all necessary steps to conclude the trial preferably within a period of three months from the date of receipt/production of copy of the order. The District Magistrate, Bhagalpur and the Senior Superintendent of Police, Bhagalpur are also directed to ensure that the witnesses are produced in the court on the date fixed by the court below so that the trial could be concluded within the stipulated period.

Let a copy of this order be communicated to the District Magistrate, Bhagalpur and the Senior Superintendent of Police, Bhagalpur.

U.K./- (Sudhir Singh, J) U T