Badal Kumar @ Badal Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1532 of 2025 Arising Out of PS. Case No.-786 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== Badal Kumar @ Badal Mandal Son of Gopal Mandal Resident of Village -Banshipur PS -Kahalgaon, Dist- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Shekhar Sharma, Advocate For the State :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-02-2025 Heard Mr. Chandra Shekhar Sharma, learned counsel for the petitioner and Mr. Choubey Jawahar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 15.11.2021, in connection with S.T. No.947 of 2022 arising out of Kahalgaon P.S. Case No. 786/2021, FIR dated 14.11.2021 registered for the offence under Sections 304(B), 201 and 34 of the Indian Penal Code.
3. Earlier the prayer for bail of the petitioner was rejected vide order dated 19.09.2023 passed in Cr. Misc. No. 45270 of 2023.
4. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and he has falsely been implicated in this case. He further submits that the allegation as alleged in the FIR is false
Patna High Court CR. MISC. No.1532 of 2025(3) dt.28-02-2025 2/2 and fabricated and the petitioner has not committed any offence as alleged in the FIR. The petitioner is rotting in judicial custody since 15.11.2021.
5. Vide order dated 17.01.2025, a report with regard to the present status of the trial was called for. Report of the learned Trial Court dated 24.01.2025 reveals that total nine prosecution witnesses have been examined and one defense witness has also been examined and now the case is pending for the examination of rest defense witnesses.
6. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner.
7. Considering the facts and circumstances of the case as well as the report of the trial Court, I am not inclined to enlarge the petitioner on bail in connection with S.T. No. 947/2022 arising out of Kahalgaon P.S. Case No. 786/2021 pending in the Court of learned Additional Sessions JudgeXVIII, Bhagalpur.
8. Prayer is refused.
9. However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) ajay/- U T