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Patna High CourtCR. MISC./19765/2018rejected

Raj Kishore Mandal v. The State Of Bihar

2018-04-05Mr. Justice Arun Kumar1 pages

Patna High Court Cr.Misc. No.19765 of 2018 (2) dt.05-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19765 of 2018 Arising Out of PS.Case No. -87 Year- 2016 Thana -GWALPARA District- MADHEPURA ======================================================

1. Raj Kishore Mandal S/o Satya Narayan Mandal, R/o Village- Dhibu Toli, P.S.- Rupauli, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Singh For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 05-04-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 28.7.2017, seeks bail in Gwalpara (Arar OP) PS Case No. 87 of 2016 (S.T. No. 144 of 2017) registered under Sections 302, 201 and 34 of the IPC. The allegation in brief is that dead body of the deceased was found thrown in an orchard, case was instituted by the chaukidar, later on wife of the deceased disclosed that the petitioner had called her husband and taken away with him on 16.10.2016 and the dead body was recovered on 20.10.2016.

It is said that there was land dispute between the deceased and son-in-law of the petitioner. Learned Counsel for the petitioner submits that there is no eye witness in this case, merely on suspicion the petitioner has been made accused, trial is going on but up till now no witness has turned up. It is also submitted that Ganga Mandal and Kartik Mandal have been granted bail.

Having considered the said facts and circumstances, presently the prayer for bail of the petitioner is rejected. The trial court is directed to expedite the trial and preferably conclude the same within a period of one year and if not concluded the petitioner may renew the prayer for bail. Snkumar/- (Arun Kumar, J.) U T