IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19404 of 2011
Kusho Mandal @ Sukho Mandal
Versus
The State Of Bihar
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2 08-07-2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the state.
Petitioner is named in the first information report with
specific allegation that he opened fire on the deceased, as a
result of which, deceased died then and there.
The contention of learned counsel for the petitioner is
that the informant is not an eye witness of the alleged
occurrence and no blood was found at the place of occurrence
and the aforesaid circumstance clearly negates the prosecution
story. It is also pointed out by him that the charge against the
petitioner was framed on 26.02.2010 but uptill now, no witness
has been examined on behalf of the prosecution whereas, the
petitioner is languishing in jail custody since 18.11.2009.
Admittedly, the occurrence took place in the year,
2001 but the petitioner could be remanded in this case on
18.11.2009. There is specific allegation of committing murder
against the petitioner. Hence, I am not inclined to release the
petitioner on bail.
Accordingly, prayer for bail of the petitioner in
connection with Sessions Trial No. 459 of 2010 arising out of
Shahkund P.S. Case No. 73 of 2001 stands rejected. However,
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learned trial court is directed to expedite trial of the petitioner
and dispose of the same as early as possible.
AKV/- ( Hemant Kumar Srivastava,J.)