Patna High CourtCR. MISC./46468/2021bail rejected

Santosh Kumar v. The State Of Bihar

2021-09-22Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46468 of 2021 Arising Out of PS. Case No.-474 Year-2019 Thana- ARA NAGAR District- Bhojpur ====================================================== SANTOSH KUMAR S/o Gopal Ji @ Gopal Jee Mahto R/o village- Hanuman Tola, P.S.- Ara Town, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has renewed his prayer for regular bail in a case registered under section 307 and other sections of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, the petitioner is stated to have fired hitting the informant in his stomach. It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 5.1.2021 (Annexure-1) passed in Cr. Misc. no.29927 of 2020 directing the learned trial court to expedite the trial. It is submitted that inspite of the petitioner being in custody since 23.9.2019, there is no progress in the trial and even charge has not been framed.

Patna High Court CR. MISC. No.46468 of 2021(3) dt.22-09-2021 2/2 Heard learned A.P.P. for the State.

A report was called for from the learned trial Court. As per the report received contained in letter dated 15.9.2021, the case of the petitioner has been split and committed to the Court of Sessions.

Having regard to the direct allegation against the petitioner of having shot at the informant hitting him in his stomach, the Court is no inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial Court is directed to expedite the trial. The petitioner will be at liberty to renew his prayer for bail after examination of the informant Golu Kumar in the trial.

(Partha Sarthy, J) Bibhash U