Santosh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4206 of 2023 Arising Out of PS. Case No.-294 Year-2022 Thana- MAIRWAN District- Siwan ====================================================== SANTOSH PANDEY Son of Dhrup Pandey Resident of Village - Langarpura, P.S.- Mairwa, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Singh For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 341, 342, 307, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is a case of commission of murder by opening fire with common intention by the petitioner and 3-4 other accused persons to the informant. Specific allegation against the petitioner is of opening fire whit hit the hand of the deceased. Co-accused Vijay Pandey and Yogendra opened fire which hit his abdomen and co-accused Pradeep Dubey opened fire on the back of the deceased.

Patna High Court CR. MISC. No.4206 of 2023(4) dt.31-07-2023 2/3

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Specific allegation of opening fire on vital organ is against other accused persons. Petitioner hit his hand by gun shot, which is not a vital organ. FIR was lodged after a delay of two days. Petitioner is languishing in judicial custody since 1.10.2022.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that petitioner is also one of the assailants who opened fire upon the deceased. During investigation, several witnesses have supported the prosecution story. Postmortem report corroborates the allegation as alleged in the FIR. Doctor opined cause of death due to fire arm injuries. It is further submitted by learned counsel for the informant that fardbeyan may be treated as dying declaration.

6. Having heard the learned counsel for the parties and considering gravity of the offence, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Patna High Court CR. MISC. No.4206 of 2023(4) dt.31-07-2023 3/3

7. Progress report dt. 28.06.2023 suggests that trial is likely to be concluded within a period of nine months.

8. The trial court is directed to expedite and conclude the trial within the stipulated period, failing which the petitioner will be at liberty to renew his prayer for bail. (Sunil Kumar Panwar, J) sushma/- U