Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29927 of 2020 Arising Out of PS. Case No.-474 Year-2019 Thana- ARA NAGAR District- Bhojpur ====================================================== Santosh Kumar Son of Gopal Jee Mahto Resident of Village - Hanuman Tola, Police Station - Ara Town, District Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Adv.

For the Opposite Party/s :

Ms. Shahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner in connection with Ara Town P.S. Case No.474 of 2019 registered under sections 341, 307, 504, 506 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per allegation in the FIR, four named accused persons including the petitioner herein along with two unknown are stated to have forcibly stopped the motorcycle of the informant. Thereafter it is stated that all the accused persons fired on the informant. The petitioner fired hitting the informant in his stomach. He was taken to the hospital. It is submitted by learned counsel for the petitioner that the allegation of firing is on the four named and two other

Patna High Court CR. MISC. No.29927 of 2020(3) dt.05-01-2021 2/2 persons. Against the firing by six persons, only one injury has been found on the informant. It is further submitted that coaccused Bajrangi Kumar and Laxman Sharma have been enlarged on bail vide orders which have been brought on record as Annexure-2 series to the petition. The petitioner is in custody since 23.9.2019 and has no criminal antecedent. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and on going through the material that has transpired in course of investigation, it is evident that the informant has categorically stated that it was the petitioner who fired hitting the informant in his stomach. The said allegation is supported by the injury report In view of the facts and circumstances of the case, the Court is not inclined to enlarge the petitioner on bail and as such the same rejected.

The learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Bibhash/- U T