Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64081 of 2021 Arising Out of PS. Case No.-82 Year-2020 Thana- DIGHA District- Patna ====================================================== SANTOSH KUMAR Son of Rameshwar Prasad Resident of Village - Makhdumpur, Gate No. 90, P.S. - Digha, P.O. - Digha Ghat, District - Patna, PIN Code - 800011 (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shri Prakash Srivastava Ms. Anu Priyadarshi Ms. Apoorva Jyoti For the State :

Mr.Ashok Kumar Singh For the informant :

Mr. Baxi S.R.P. Sinha, Sr. Adv.

Ms. Nagma Shamim ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-12-2021 Heard learned Counsel for the petitioner, learned Senior Counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Digha Police Station Case No. 82 of 2020, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 06.10.2020 passed in Criminal Misc. No. 20932 of 2020, giving liberty to the petitioner to renew his prayer for bail after one

Patna High Court CR. MISC. No.64081 of 2021(3) dt.22-12-2021 2/3 year from the date of the order, if the trial does not show any progress.

The allegation, as per the First Information Report, is that the informant's son was going to drop the children in school in the morning and when he was returning on his motorcycle some unknown persons fired upon him due to which he died in the hospital.

This Court, vide order, dated 17.11.2021, had called for a report from the learned Court below regarding the stage of the case and in pursuance of the said order, a report has been submitted by learned Sub Divisional Judicial Magistrate, Patna, and from perusal of the same, it would be evident that the trial is likely to be concluded within six months after appearance of the accused Jugnu Kumar.

After having heard learned Counsel for the parties and taking into consideration the fact that the earlier bail application of the petitioner was dismissed on its own merits and as per the report of the learned Court below, the estimated time for completion of the trial is six months after appearance of the accused Jugnu Kumar, I am not inclined to grant regular bail to the petitioner.

This application is, accordingly, dismissed.

Patna High Court CR. MISC. No.64081 of 2021(3) dt.22-12-2021 3/3 However, the petitioner will be at liberty to renew his prayer for bail after six months from today, if the trial does not show any progress.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √