Bajrangi Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19661 of 2018 Arising Out of PS.Case No. -193 Year- 2016 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Bajrangi Mandal S/o Mahendra Mandal, R/o Village- Tintanga Karari, P.S.- Gopalpur, District- Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dinesh Choudhary For the Opposite Party/s : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-08-2018 Heard Mr. Krishna Prasad Singh, learned senior counsel for the petitioner and learned Additional Public Prosecutor. The petitioner seeks bail in S.Tr. No.103/2017 corresponding to Gopalpur P.S. Case No.193/2016 registered under Section 364/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected vide order dated 30.06.2017 passed in Cr. Misc. No.15419 of 2017 but till date not a single witness has been examined and on such a report was also called for and the learned 2nd Additional Sessions Judge, Naugachia reported that out of seven charge sheeted witnesses including the doctor and the I.O., the prosecution could not be able to examine even a single witness. Hence, the petitioner deserves

Patna High Court Cr.Misc. No.19661 of 2018 (3) dt.29-08-2018 2/2 bail but in view of the nature of the allegation that the petitioner and others kidnapped the victim and killed Ranbir Yadav and blood stain was also found and later on his decomposed dead body was also found, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

Since the petitioner is in custody since 16.07.2016, the learned 2nd Additional Sessions Judge, Naugachia is directed to hold the trial on day to day basis and concluded the same within six months from the date of receipt of this order. The Superintendent of Police, Naugachia is also directed to ensure the attendance of the prosecution witnesses in the trial court in connection with S.Tr. No.103/2017 corresponding to Gopalpur P.S. Case No.193/2016, so that the trial must be concluded within 6 months.

Let a copy of this order be sent to the Trial court as well as Superintendent of Police, Naugachia for information and needful.

If the trial is not concluded within six months, the petitioner may renew his prayer for bail.

(Prabhat Kumar Jha, J) Amit/rajan U T