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Patna High CourtCR. MISC./70880/2024dismissed

Ashok Mandal v. The State Of Bihar

2024-12-06Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70880 of 2024 Arising Out of PS. Case No.-86 Year-2021 Thana- NIRMALI District- Supaul ====================================================== Ashok Mandal S/o Palak Mandal R/o vill - Fulkahi, P.S. - Phulparas, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit, Advocate For the State :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 01.11.2023 in Cr. Misc. No. 69459 of 2023.

3. The petitioner seeks bail in connection with Nirmali P.S. Case No. 86 of 2021 registered for the offence punishable under Sections 364, 364(A)/34 of the Indian Penal Code.

4. The following order was passed on 01.11.2023 in Cr. Misc. No. 69459 of 2023 which reads as under: "Heard learned counsel for the petitioner and learned APP for the State.

This application for grant of regular bail in connection with Nirmali P.S. Case No. 86 of 2021 registered for the offence punishable under Sections 364, 364A, 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.70880 of 2024(2) dt.06-12-2024 2/3 It is alleged that the victim was kidnapped by petitioner along with accused persons.

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in this case.

The petitioner is named in the F.I.R and the victim has not been recovered as yet In view of the aforesaid fact, this Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

The District Judge, Supaul and the Superintendent of Police, Supaul are directed to get the trial of the present case and conclude the same at the earliest.

Let a copy of this order be communicated to the District Judge, Supaul and the Superintendent of Police, Supaul for its compliance through FAX or e-mail forthwith."

5. The trial has started and one witness has been examined.

6. It has been submitted by learned counsel for the petitioner that the witness examined is the informant of the case and there is no material in the evidence of the informant of the petitioner having participated in the crime.

7. The Hon'ble Supreme Court in the case of X vs. State of Rajasthan & Anr. reported in 2024 SCC Online SC 3539 has observed that once the trial has started and the witnesses are being examined, the accused persons should not be granted bail ordinarily. If the trial is delayed by the

Patna High Court CR. MISC. No.70880 of 2024(2) dt.06-12-2024 3/3 prosecution then the case for bail can be considered.

8. In the present case, the trial has started and one witness has been examined.

9. Considering the law laid down by the Hon'ble Supreme Court in the case of X vs. State of Rajasthan & Anr (supra) and also the fact that the trail has started and one witness has been examined, this is not a fit case for grant of regular bail to the petitioner.

10. Accordingly, this application is dismissed again.

11. The Court below is directed to expedite the trial at the earliest.

(Sandeep Kumar, J) P. Kumar U T