Dismissed

Santosh Mahto v. The State of Bihar

Patna HC25 Apr 2019CR. MISC./5406/2019

Case brief

AI extract

What is this about?

In an oral order, the Patna High Court rejected the petitioner's bail application in a case involving assault resulting in death. The court noted the serious nature of the allegations, ongoing trial, and witness examination, deeming bail inappropriate. It directed the trial court to expedite the trial.

What did the court decide?

Bail prayer rejected; trial directed to conclude within one year.

Santosh Mahto Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5406 of 2019

¶2

Arising Out of PS. Case No.-47 Year-2017 Thana- KANGLI District- West Champaran

¶3

======================================================

¶4

Santosh Mahto S/o Late Devilal Mahto Resident of Village - Sabaithwa,P.S.Kangali, District-West Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Arbind Kumar Singh For the Opposite Party/s : Mr.Anita Kumari Singh ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

¶11

4 25-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

¶12

The petitioner seeks bail in a case registered under Sections 341, 323, 325, 307/34, 302 of the Indian Penal Code.

¶13

The prosecution case, in brief, is that the accused persons assaulted the informant’s brother who sustained injury and in course of treatment, he died.

¶14

Earlier prayer for bail of the petitioner was rejected by a coordinate bench (then His Lordship was) of this court vide Annexure-1 to the present application.

¶15

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 08-10-2017. Charge sheet has already been submitted. The petitioner has falsely been implicated in the present

¶16

Patna High Court CR. MISC. No.5406 of 2019(4) dt.25-04-2019 2/2

¶17

case. There is no other substantive evidence to suggest the implication of the petitioner in the present case.

¶18

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. There is specific allegation against the petitioner of assaulting the deceased by Lathi. The deceased succumbed to the injuries, caused by the petitioner and others. The petitioner is said to be one of the assailants. It is further pointed out that the trial is in progress. The prosecution witnesses are being examined. Out of three examined prosecution witnesses, two witnesses have supported the prosecution case.

¶19

Considering the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Kangali P.S. Case No. 47 of 2017 is rejected.

¶20

The trial court is directed to take all possible steps to expedite the trial and conclude the same as early as possible, preferably within a period of one year from the date of receipt/production of copy of this order.

¶21

(Sudhir Singh, J)

¶22

A.K.V.//-

¶23

U T

Santosh Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Santosh Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shyambabu Rai @ Shyambabu Prasad Vs The State of Bihar

Garjan Yadav Vs The State of Bihar

Bachan Mushar and Anr. Vs the State of Bihar

Chandan Goswami Vs The State of Bihar

Anil Choudhary Vs The State of Bihar

Ranvir Kumar Vs The State of Bihar