Santosh Sah vs The State Of Bihar
2022 Latest Caselaw 1197 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (SJ) No 486 of 2022
  Arising Out of PS. Case No.-257 Year-2020 Thana- KOTWA District- East Champaran
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SANTOSH SAH SON OF PRAYAG SAH RESIDENT OF VILLAGE- BANVIRWA @ BANBIRAWA, P.S.- KOTWA, DISTRICT- EAST CHAMPARAN

... ... Appellant/s Versus The State of Bihar

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr Prateek Tandon, Advocate For the Respondent/s : Ms Usha Kumari I, Special PP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD

ORAL JUDGMENT

Date : 16-02-2022

Heard learned counsel for the appellant and learned

Special Public Prosecutor (for brevity, Special PP) appearing for

the State of Bihar.

2 The appellant has preferred the present Appeal under

Section 14 (A) of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act (for brevity, SC/ST Act) against the

refusal of his prayer for regular bail vide order dated 11.12.2020

passed by Additional Sessions Judge I -cum- Special Judge, SC/ST

Act, East Champaran at Motihari in a case registered under

Section 302 of Indian Penal Code, Section 27 of Arms Act and Patna High Court CR. APP (SJ) No.486 of 2022 dt.16-02-2022

Sections 3 (2) (iv) (v) of SC/ST Act arising out of Kotwa Police

Station (for brevity, PS) Case No 257 of 2020.

3 This is the second attempt for grant of bail on behalf of

the appellant who has been in custody since 07.10.2020. The

specific allegation against the appellant is that he has shot at above

the left eye of the informant's brother who has succumbed to the

injuries.

4 Appellant's counsel submits that the period of

custody, since last rejection on 16.08.2021, has considerably

increased. It is also submitted that implication is not based on any

reliable material in the course of investigation.

5 Learned Special PP has submitted that while rejecting

the prayer on the last occasion, this Court has taken into

consideration various circumstances including gravity of the

allegation and the fact that empty cartridges were recovered during

investigation and name of the appellant has been stated by the

informant, who has allegedly seen the petitioner calling his brother

on the pretext that he was thirsty. He asked for water, whereafter

he shot his brother.

6 In my opinion, in view of nature of accusation in the

First Information Report and the material collected during

investigation, a case for grant of regular bail is not made out. The Patna High Court CR. APP (SJ) No.486 of 2022 dt.16-02-2022

impugned order dated 11.12.2020 does not require interference by

this Court, which is, accordingly, affirmed.

7 This appeal is dismissed. The impugned order dated

11.12.2020 passed by Additional Sessions Judge I -cum- Special

Judge, SC/ST Act, East Champaran at Motihari in Kotwa PS Case

No 257 of 2020 is affirmed.

8 Prayer for bail of the appellant is rejected for the

present.

9 This Court would further observe that trial Court

would make all endeavours to ensure expeditious conclusion of the

trial, without any unnecessary adjournment or delay.

(Madhuresh Prasad, J) M.E.H./-

AFR/NAFR                  NAFR
CAV DATE                    NA
Uploading Date          18.02.2022
Transmission Date       18.02.2022