Santosh Sah vs State Of Bihar

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 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 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.