Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32638 of 2021 Arising Out of PS. Case No.-114 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SANTOSH KUMAR Son of Late Laxmi Singh Resident of Village - Mohanpur, P.S.- Muffasil, Dist.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur Mr.Shivam For the Opposite Party/s :

Mr. Nawal Kishore Prasad For the informant :

Mr. Bindhya Keshari Kumar, Sr. Adv.

Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-03-2022 Heard learned Counsel for the petitioner, learned Senior Counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Mufassil Police Station Case No. 114 of 2021, registered for the offences punishable under Sections 147/148/149/341/323/324/ 448/379/302/427/354 of the Indian Penal Code. The prosecution case, as per the First Information Report, is that the petitioner, along with three other accused persons, assaulted the father of the informant on his head by means of back side of the bamboo, causing his death. Learned Counsel for the petitioner submits that both

Patna High Court CR. MISC. No.32638 of 2021(5) dt.09-03-2022 2/3 the parties are neighbours and there is previous land dispute between them. He further submits that there is case and counter case between the parties inasmuch as Mufassil Police Station Case No. 115 of 2021 has been lodged by the side of the petitioner against the informant and others. He further submits that the petitioner is in custody since 23.02.2021. On the other hand, learned Senior Counsel for the informant submits that similar allegation of assault on the father of the informant has been levelled against four accused persons, out of whom, the bail applications of two similarly situated coaccused persons have been rejected by Bench of this Court and this Court, while rejecting the prayer for bail of the similarly situated co-accused persons, has directed the learned Court below to expedite the trial.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that bail applications of similarly situated co-accused persons have been rejected by co-ordinate Bench of this Court, I am not inclined to grant regular bail to the petitioner, at this stage. This application is, accordingly, dismissed.

However, the petitioner may renew his prayer for bail after six months from today, if the trial does not show any

Patna High Court CR. MISC. No.32638 of 2021(5) dt.09-03-2022 3/3 progress.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √