Santosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60392 of 2022 Arising Out of PS. Case No.-198 Year-2021 Thana- SONO District- Jamui ====================================================== SANTOSH SINGH S/o Satya Narayan Singh R/V- Mudro, P.S.- Sono, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in connection with Sono P.S. Case No. 198 of 2021 instituted for the offence under Sections 302, 384/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, the petitioner along with co-accused persons came at the clinic of informant and demanded Rs. 5000/- as ransom. It is further alleged that the petitioner opened fire upon the stomach of the informant's brother namely, Samsuddin due to which he sustained firearm injury thereafter he was taken to hospital where he was declared as died. It is further alleged that son of informant has also received bullet injury over his back.

Patna High Court CR. MISC. No.60392 of 2022(3) dt.09-02-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has falsely been implicated in this present case. There is case and counter case and another case has also been lodged on behalf of the petitioners side against the informant, in which both parties sustained injuries which is mentioned in Annexure-3. It is further submitted that the petitioner is languishing in judicial custody since 1.2.2021.

Learned APP appearing for the state and learned counsel for the informant vehemently opposed the prayer of regular bail and submitted that the specific allegation is against this petitioner that he opened fire with his rifle upon the stomach of the deceased/informant's brother due to which he shot dead. It is evident from the postmortem report that the cause of death of the deceased is due to cardio respiratory failure due to firearm injury which corroborates the prosecution case. It is further submitted that during investigation the witnesses have also supported the prosecution version. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Patna High Court CR. MISC. No.60392 of 2022(3) dt.09-02-2023 3/3 The trial Court is directed to expedite the trial and conclude the same as early as possible.

(Sunil Kumar Panwar, J) amandeep/- U T