Santosh Turha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 12342 of 2020 Arising Out of PS. Case No.-4 Year-2019 Thana- SIWAN RAIL P.S. District- Saran ====================================================== SANTOSH TURHA Son of Sheo Pujan Turha Resident of Village - Chakhani, P.S.- Bagaha, District- West Champaran (Bettiah) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Raju Kumar, Advocate For the Opposite Party/s :

Mr Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 14-12-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Siwan Rail Police Station (for brevity, PS) Case No 4 of 2019 instituted for the offence punishable under Sections 328, 379 of Indian Penal Code. The prosecution case is that the instant petitioner has,

Patna High Court CR. MISC. No.12342 of 2020(13) dt.14-12-2020 2/2 on false pretense, offered some Fruity to the informant. After consuming the same, the informant has become unconscious and has regained consciousness on the next day in the Hospital after having been deprived of all his belongings at the Railway Station in Siwan.

Petitioner's counsel submits that till date, no Test Identification Parade has been held and the petitioner is in custody since 16.04.2019. Statement has been made in paragraph 3 that the petitioner has no criminal antecedent. Learned APP for the State, referring to paragraphs 53 and 101 of the case diary, submits that several cases of various nature including heinous office are pending against the petitioner which has been discovered during course of investigation.

Having regard to the submission of the parties and taking into consideration the criminal antecedent of the petitioner, this Court, for the present, is not inclined to allow the prayer for bail. The same is rejected.

(Madhuresh Prasad, J) M.E.H./- U T