Bijay Mandal @ Bijay Kumar @ Bijay Kumar Mandal@ Vijay Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26214 of 2017 Arising Out of PS.Case No. -30 Year- 2016 Thana -BAUNSI District- ARRARIA ====================================================== Bijay Mandal @ Bijay Kumar @ Bijay Kumar Mandal@ Vijay Kumar Mandal Son of Bangali Mandal, Resident of Village-Kumhra, Police Station Bounsi, District Araria .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 394/302 of the Indian Penal Code.

Allegation against the petitioner is that he along with other co-accused has killed the son of the informant. The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that the confession made by the petitioner led to the recovery of the weapon used in the occurrence and the motorcycle of the deceased.

This is the second attempt for grant of bail on behalf of the petitioner.

A report has been called for from the trial court regarding the stage of the case.

It has been reported that all the charge sheeted

Patna High Court Cr.Misc. No.26214 of 2017 (3) dt.30-08-2017 2/2 witnesses have already been examined in the case and the case is awaiting for F.S.L. report. It is further reported that if the F.S.L. report is submitted and the prosecution co-operates, the trial of the case is expected to be concluded within a period of three months.

Considering the aforesaid facts and circumstances, since all the prosecution witnesses have already been examined in the case, I am not inclined to grant bail to the petitioner at this stage. The same is rejected in S.T. No. 551 of 2016, arising out of Bausi P.S. Case No. 30 of 2016, pending in the court of learned Additional Sessions Judge-IInd, Araria.

The District Magistrate, Araria and the Superintendent of Police, Araria are directed to ensure that the F.S.L. report is produced in the court below on behalf of the prosecution within a period of one month from the date of receipt/production of copy of this order, so that trial could be concluded within the stipulated period.

Let a copy of this order be communicated to the District Magistrate, Araria and the Superintendent of Police, Araria. (Sudhir Singh, J) Amit/- U T