Arvind Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73716 of 2023 Arising Out of PS. Case No.-374 Year-2021 Thana- BARHARA KOTHI District- Purnia ====================================================== Arvind Kumar Mandal son of Naresh Mandal Village- Baruna Shanti Nagar W.No-13, P.S- Barhara Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Adv.

For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Barhara P.S. Case No. 374 of 2021, lodged on 17.11.2021 under Sections 341, 323, 498(A), 304(B), 143 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the bail application of the petitioner was rejected vide order dated 16.11.2022 passed in Cr. Misc. No. 36086 of 2022. Counsel also submits that at the time of rejection of the bail application of the petitioner, this Hon'ble Court has pleased to direct the Trial Court to expedite the trial within 9 months from the date of passing of the order and liberty was also granted to the petitioner that if trial shall not be concluded within the said

Patna High Court CR. MISC. No.73716 of 2023(3) dt.22-12-2023 2/2 period, then he shall have liberty to move further for bail. Counsel further submits that one year has been lapsed, but trial has not been concluded.

4. Learned counsel for the petitioner submits that the petitioner is in custody since 23.03.2022.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that in the bail application, the status report has been called for and in the status report, it transpires that the Trial Court has demanded six months to conclude the trial.

6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Barhara P.S. Case No. 374 of 2021, pending before the learned Additional Sessions Judge-X, Purnea is hereby rejected with liberty that if within six months trial shall not concluded, the petitioner may prefer for bail further.

(Dr. Anshuman, J.) Divyansh/- U T