Satyendra Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21524 of 2025 Arising Out of PS. Case No.-382 Year-2020 Thana- CHANDI District- Nalanda ====================================================== Satyendra Das Son of Late Mishri Das Village -Gopi Bigha,Chamar Toli, P.SChandi Dist-Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashish, Adv.
For the Opposite Party/s :
Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Chandi P.S. Case No. 382 of 2020 dated 27.08.2020 registered for the offences punishable under Sections 147, 148, 149, 447, 448, 341, 342, 323, 307, 302, 380, 504, 506 of the Indian Penal Code and Section 27 of Arms Act.
3. As per the prosecution case, on 27.08.2020 at about 7 AM, the informant was sitting with his family near his house, the petitioner along with 35 other named persons armed with illegal arms surrounded his house. Amongst them one Sumangal Das abused and told the informant that "why are you not asking your son, not to approach police repeatedly" when the informant
Patna High Court CR. MISC. No.21524 of 2025(5) dt.15-09-2025 2/3 denied then Suresh Das ordered to kill him and looted the house. It is further alleged that Raj Kumar Das, Shivchandra Das, Jagdish Das, Pappu Das caught nephew of the informant Shankar Kumar and took him to terrace and Satyendra Das (Petitioner) shot him causing injury near his jaw and he fell down. When the informant tried to raise alarm, Sumangal Das armed with pistol threatened him to keep quiet otherwise he would also be shot. In the meanwhile, the other accused persons entered the house and looted ornament worth Rs. 30,000/- and Rs. 1,00,00/- in cash and all the accused persons fled away while firing. Thereafter, the informant went to his nephew and found him dead. It is also alleged that cause of the incident is land dispute.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is previous land dispute between the parties. The informant is not an eye witness to the alleged occurrence and has not seen that who has fired on the deceased and has only been implicated due to previous enmity. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the
Patna High Court CR. MISC. No.21524 of 2025(5) dt.15-09-2025 3/3 bail petition. The petitioner is in custody in this case since 05.04.2021.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that the specific allegation of firing on the nephew of the informant is against the petitioner. As per the post-mortem report of the deceased, the cause of death is due to haemorrhage and schok caused by firearm injury. Earlier the bail petition of the petitioner was rejected by the Co-ordinate Bench of this Court vide order dated 26.07.2024 passed in Cr. Misc. No. 60572 of 2023.
6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of offence against the petitioner, this court is not inclined to grant bail to the petitioner and the same is rejected in connection with Chandi P.S. Case No. 382 of 2020, pending in the Court of learned Additional District and Session Judge-1, Hilsa, Nalanda.
7. The application stands rejected and the learned trial court is directed to expedite the trial of the petitioner and conclude the same at the earliest.
(Chandra Prakash Singh, J) Shivam/- U T