High Court dismissed the application for bail, noting the trial is likely to conclude within three months subject to witness production. Petitioner kept in custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13883 of 2022
Arising Out of PS. Case No.-136 Year-2020 Thana- KHARIK District- Bhagalpur
======================================================
Madan Kumar @ Madan Mandal, S/o Gopal Mandal, Resident of villageSungthiya, P.s.- Kharik, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Binod Kumar, Advocate For the Opposite Party/s : Mr.Pawan Kumar Chaurasia, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
3 18-05-2022
Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Sessions Trial No.321 of 2020 arising out of Kharik P.S. Case No.136 of 2020 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 302, 504, 506 of the Indian Penal Code, which is pending in the court of learned 3rd Additional District & Sessions Judge at Naugachia, District-Bhagalpur.
The prayer for bail of the petitioner was earlier rejected under Court’s order dated 05.03.2021 in Cr.Misc. No.474 of 2021.
The petitioner is stated to be in custody since 25.09.2020
The Court on the earlier occasion had requisitioned a report from the trial court regarding the stage of the trial. The
Patna High Court CR. MISC. No.13883 of 2022(3) dt.18-05-2022 2/2
report dated 27.04.2022 indicates that four chargesheet witnesses, out of seven have been examined. Informant, medico legal expert and the Investigating Officer remained to be examined and in the circumstance, the trial court has communicated an expectation that the trial is likely to be concluded within three months from the date of production of the remaining prosecution witnesses, as per charge sheet.
This Court would expect that the matter is concluded within three months; and in this endeavour, the concerned Superintendent of Police shall ensure production of the witnesses, so that the trial court may be able to adhere to the time-limit, as contained in its communication dated 27.04.2022.
The application stands dismissed.
This Court would expect that the petitioner’s counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office.
Copy of this order be communicated to the Superintendent of Police, Bhagalpur.
(Madhuresh Prasad, J)
PNM U T
1 issue framed by the court
Whether the application for bail in pending sessions trial offences should be allowed or dismissed.
Madan Kumar @ Madan Mandal
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
