Santu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34061 of 2020 Arising Out of PS. Case No.-115 Year-2011 Thana- DHARHARA District- Munger ====================================================== SANTU SINGH Son of Awadhesh Singh Resident of Mohanpur,P.SDharhara, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-01-2021 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Dharara P.S. Case No. 115 of 2011 (GR No. 7786/11 and ST No. 190/2016) registered for the offence punishable under Sections 147, 148, 149, 302 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

On perusal of the F.I.R., it transpires that the petitioner has been descried as the main assailant, who had shot at the deceased, leading to his death. The F.I.R. was registered in 2011. The petitioner was apprehended in 2016. Learned counsel appearing on behalf of the petitioner has argued that the petitioner is in custody since 03.05.2016. He has further submitted that the trial has commenced and even the

Patna High Court CR. MISC. No.34061 of 2020(3) dt.19-01-2021 2/2 father of the informant has not supported the case of the prosecution.

Considering the circumstance that the petitioner remained away from the course of trial/investigation for nearly five years and the trial has substantially progressed, I am not inclined to grant the petitioner, privilege of regular bail for the present.

It is, however, observed that let the Court below take all possible measures to expeditiously conclude the trial. If the trial is not concluded within six months from the date of communication of the present order, the petitioner shall be at liberty to renew his prayer for bail.

(Chakradhari Sharan Singh, J) AKASH/- U T