Ramdeo Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71629 of 2018 Arising Out of PS. Case No.-47 Year-2014 Thana- NARPATGANJ District- Araria ====================================================== Ramdeo Mandal, Son of Sadanand Mandal, Resident of Sahebganj, Ward No. 2, P.S.- Narpatganj, District- Araria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Mandal For the Opposite Party/s :

Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Narpatganj P.S. Case No. 47 of 2014 (S.T. No. 202 of 2015) registered for the offence punishable under Sections 302 of the Indian Penal Code. Earlier the bail application of the petitioner was rejected vide order dated 05.04.2018 in Criminal Miscellaneous No. 14321 of 2018 with a direction to the trial court to expedite the trial of the petitioner and conclude the same within a period of six months.

It has been submitted on behalf of the petitioner that the period of six months has elapsed but the trial of the petitioner has not been concluded as yet. It has been further submitted that the petitioner is suffering from mental illness and in this regard trial court has also sent its report dated 29.08.2018

Patna High Court Cr.Misc. No.71629 of 2018(2) dt.12-12-2018 2/2 stating that Medical Board was constituted to examine the mental illness of petitioner and in terms of the finding of Medical Board that petitioner is suffering from Schizophrenia, he has been admitted in Koilwar Mental Hospital. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 3rd, Araria, in connection with Narpatganj P.S. Case No. 47 of 2014 (S.T. No. 202 of 2015) , with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U