Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that bail could not be granted to the petitioner.
Summary
The petitioner, Santosh Kumar, is in custody for alleged murder under Sections 302, 34 and 120B of the IPC and Section 27 of the Arms Act, stemming from an FIR filed on 26.05.2023. The FIR alleges that he, along with others, opened fire on a moving vehicle, killing the victim. A report dated 16.03.2026 indicates that nine of twelve witnesses have been examined. The petitioner applied for bail, seeking an expedited trial. The Court, after hearing, rejected the bail application, ordering the trial to proceed without granting relief.
Issues considered
- Whether the petitioner is entitled to bail in a case involving murder, conspiracy and illegal possession of a firearm.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 34
Subjects
- bail
- murder
- conspiracy
- arms act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3878 of 2026
Arising Out of PS. Case No.-182 Year-2023 Thana- RAJAPAKAR District- Vaishali
======================================================
Santosh Kumar Son of Late Rakesh Prasad Singh @ Rakesh Singh R/O Vill.-
Banghara, P.S.- Rajapakar, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur, Adv.
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 24-04-2026 Heard the parties.
2. The petitioner is in custody in connection with
Rajapakar P.S. Case No. 182 of 2023 for the offence punishable
under Sections 302, 34 and 120B of the Indian Penal Code and 27
of the Arms Act lodged on 26.05.2023 by the informant, Baidya
Nath Singh.
3. As per the FIR, the informant alleged that after the
death of the son-in-law, the accused person, the petitioner herein,
who is younger brother of his late son-in-law was trying his level
best to get his daughter out of the house. She was regularly beaten,
threatened of dire consequences and in continuation of that the
allegation is that when his son was moving towards Hajipur while
he was also following in his car alongwith his daughter, this
petitioner alongwith Dilip Kumar, Amit Kumar, surrounded his
Patna High Court CR. MISC. No.3878 of 2026(4) dt.24-04-2026
2/2
son and specific allegation against this petitioner is of opening fire
by his pistol four to five times which hit his son. He was
immediately rushed to Ganpati Hospital where was declared
brought dead. Accordingly, the FIR.
4. Earlier, report was called for and as per the report
dated 16.03.2026, 9 out of 12 witnesses have been examined.
5. In that background, requesting the concerned Trial
Court to expedite the trial and conclude it at an earliest, the bail
application of the petitioner is rejected.
(Rajiv Roy, J)
Vijay Singh/-
U T
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