Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45290 of 2024 Arising Out of PS. Case No.-182 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== SANTOSH KUMAR S/O LATE RAKESH PRASAD SINGH @ RAKESH SINGH R/O VILLAGE- BANGHARA, P.S- RAJAPAKAR, DISTT.- VAISHALI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s:

Mr. Mr. Jitendra Kumar Singh, APP For the Informant :

Mr. Navin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner, the State and the informant.

2. The petitioner is in custody in connection with Raja Pakar P.S. Case No. 182 of 2023 for the offence punishable under Sections 302, 34 and 120B of the Indian Penal Code and 27 of the Arms Act lodged on 26.05.2023 by the informant, Baidya Nath Singh.

3. As per the FIR, the informant alleged that after the death of the son-in-law, the accused person, the petitioner herein, who is younger brother of his late son-in-law was trying his level best to get his daughter out of the house. She was regularly beaten, threatened of dire consequences and in continuation of that the allegation is that when his son was moving towards Hajipur while he was also following in his car

Patna High Court CR. MISC. No.45290 of 2024(2) dt.05-07-2024 2/2 alongwith his daughter, this petitioner alongwith Dilip Kumar, Amit Kumar, surrounded his son and specific allegation against this petitioner is of opening fire by his pistol four to five times which hit his son. He was immediately rushed to Ganpati Hospital where was declared brought dead. Accordingly, the FIR.

4. Though, learned counsel for the petitioner in the presence of learned counsel appearing on behalf of the informant tried to impress upon this Court about his innocence, learned APP, Mr. Jitendra Kumar Singh submits that a perusal of the FIR would show that this petitioner gave repeated shots which proved fatal.

5. In that background, this Court cannot extend the benefit of bail to the petitioner.

6. The present bail application is rejected.

7. Since, the petitioner is in custody since 07.06.2023, the trial Court is directed to expedite the trial and conclude the same within a period of one year.

(Rajiv Roy, J) Adnan/- U T