Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34203 of 2023 Arising Out of PS. Case No.-261 Year-2022 Thana- BARHIYA District- Lakhisarai ====================================================== Santosh Kumar son of Late Kedar Singh Village- Indupur Ps- Barahiya Distlakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP For the Informant :

Mr. Santosh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner; Mr. Jharkhandi Upadhyay, learned APP for the State and Mr. Santosh Kumar, learned counsel for the informant.

2. The petitioner seeks bail in connection with Barahiya P.S. Case No. 261 of 2022 registered for the offence punishable under Sections 302, 120B/34, 506 and 379 of the Indian Penal Code.

3. The allegation against the petitioner is that he committed murder of the brother of the informant along with other named and unknown co-accused persons, causing head injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.34203 of 2023(5) dt.16-10-2023 2/2 case due to land dispute going on between the informant and the petitioner. Six injuries have been caused by the prosecution on the deceased. The petitioner is one of the assailants of the deceased.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the nature of injury caused by the petitioner, I am not inclined to grant bail to the petitioner though it has been contended that one Gulshan similarly situated has been granted bail.

7. The trial Court is directed to expedite the trial. (Sandeep Kumar, J) P. Kumar U T