The Patna High Court rejected the petitioner's prayer for regular bail in a case involving assault resulting in death and directed the trial court to expedite proceedings.
Prayer for regular bail stands rejected; trial court directed to expedite and conclude trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11842 of 2023
Arising Out of PS. Case No.-358 Year-2022 Thana- BIHPUR District- Bhagalpur
======================================================
Ranjan Mandal Son Of Ashok Mandal R/O Vill.- Gouripur, P.S.- Bihpur, Distt.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amrendra Kumar For the Opposite Party/s : Mr.Madhura Nand Jha ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 15-05-2023
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 323, 307 of the Indian Penal Code.
As per FIR, the allegation against the petitioner along with co-accused that they severely assaulted the brother-in-law of the informant due to money altercation. It is further alleged that while injured and his mother were returning home, in the meantime, accused persons also assaulted mother of the injured by means of lathi due to which her mother died on the spot.
Patna High Court CR. MISC. No.11842 of 2023(3) dt.15-05-2023 2/3
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 06.07.2022.
Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that there is direct allegation of assaulting by means of lathi attributed against the petitioner due to which mother-in-law of the informant died on the spot. It is further submitted that during investigation several witnesses supported the prosecution version. As per postmortem report, which is annexed with case diary, wherein doctor opined cause of death is shock and haemorrhage due to hard and blunt substance.
Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner of assaulting by means of lathi, resulting into death of the informant’s mother-in-law, this court is not inclined to enlarge the petitioner on bail and, as
Patna High Court CR. MISC. No.11842 of 2023(3) dt.15-05-2023 3/3
such, his prayer for bail stands rejected.
The trial Court is directed to expedite the trial and
conclude the same as soon as possible.
(Sunil Kumar Panwar, J)
Manishkumar/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a case involving assault causing death.
Whether the trial is to be expedited given the gravity of the charges.
1 provisions across 1 enactments
Ranjan Mandal
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
