Satyabir Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46716 of 2022 Arising Out of PS. Case No.-186 Year-2022 Thana- KHARHAGPUR District- Munger ====================================================== SATYABIR KUMAR @ CHHOTU S/o Late Sanjay Mandal R/o Village/Mohalla- Shivpur Lav Gaun (Kushwaha Tola), P.S.- Shampur (Kharagpur), District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Kharagpur (Shampur) P.S. Case No.186 of 2022 registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code.

As per the prosecution, the informant who is also the petitioner in the present case alleged that his father was killed under conspiracy of his step mother along with four unknown persons.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner has been languishing in jail since 30th April, 2022 and he himself was informant of the alleged occurrence but later on he was made

Patna High Court CR. MISC. No.46716 of 2022(4) dt.14-03-2023 2/3 accused in the present matter and during investigation he was arrested mainly on the basis of suspicion and prosecution mainly relied upon the petitioner's confessional statement given before the police while chargesheeting him for the alleged offences and against him there is no any legal evidence and his trial has started and four witnesses of the prosecution have been examined.

Learned APP appearing for the State has opposed the bail prayer.

Heard both the sides and perused the FIR and the Case Diary of this case. The instant matter relates to murder of the father of the petitioner, though the petitioner himself was informant of the instant matter but during investigation he was found to be the main accused of the murder of his father as he with the help of other co-accused persons murdered his father and as per the investigation the petitioner was constantly in touch with other co-accused persons on the day of the alleged occurrence. Considering the nature of the allegation appearing against the petitioner as well as stage of petitioner's trial, in the opinion of this Court the petitioner does not deserve to the privilege of bail. Accordingly, his bail prayer stands rejected. Petitioner may renew his bail prayer after six months,

Patna High Court CR. MISC. No.46716 of 2022(4) dt.14-03-2023 3/3 if within the said period the remaining chargesheeted witnesses who are to be examined, are not examined.

(Shailendra Singh, J) sangam/- U