Bhutkun Singh @ Satyadeo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.278 of 2020 Arising Out of PS. Case No.-159 Year-2015 Thana- SATHI District- West Champaran ====================================================== BHUTKUN SINGH @ SATYADEO SINGH Son of Late Saral Singh Resident of Village- Bhabhata, P.S.- Sathi, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Mahtab Alam, Advocate Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-04-2021 Head Mr. Bimlesh Kumar Pandey, learned counsel for the petitioner, Mr. Mahtab Alam, learned counsel for the informant and Mr. Nawal Kishore Prasad, learned counsel for the State.

Petitioner seeks regular bail in connection with S. Tr. No. 03 of 2016 (arising out of Sathi P.S. Case No. 159 of 2015) registered for the offence under Section 147, 148, 149, 302, 120(B) of the I.P.C.

This is 2nd attempt for bail on behalf of the petitioner inasmuch bail application of the petitioner was earlier rejected by a Co-ordinate Bench of this Court in Cr. Misc. No. 550 of 2016 vide order dated 07.01.2016.

The allegation against the petitioner is that he fired upon the deceased causing firm arm injury to him, which led to the death of the deceased.

Learned counsel for the petitioner submits that petitioner is in custody since 09.08.2015 and the trial is not

Patna High Court CR. MISC. No.278 of 2020(5) dt.05-04-2021 2/2 likely to be concluded in near future.

By order dated 22.02.2021 this Court had called for a report from the learned court below regarding the present stage of the trial and in pursuance thereof learned Additional District and Sessions Judge IV, Bettiah, West Champaran vide letter no. 118 dated 01.03.2021 has sent the report, which is on record and from perusal of the same it appears that out of 10 charge sheet witnesses, 09 witnesses have already been examined and crossexamined and cross-examination of the Investigating Officer is going on.

In that view of the matter, I am not inclined to grant regular bail to the petitioner at this stage. Accordingly, the same stands rejected.

However, the petitioner may renew his prayer for bail after completion of six months from today, if the trial is not concluded.

(Anil Kumar Sinha, J) praful/- U T