Gautam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8878 of 2024 Arising Out of PS. Case No.-257 Year-2020 Thana- MUNGER MUFFASIL District- Munger ====================================================== GAUTAM YADAV S/O NARSINGH YADAV R/O VILLAGE- SITAKUND NATH TOLA, P.S- MUFFASIL, DISTT.- MUNGER.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-07-2024 Heard the learned counsel for the petitioner and the learned APP for the State.

2.

The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Muffasil P.S.Case No. 257 of 2020, registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code, inasmuch as this Court had earlier rejected the prayer of the petitioner for grant of bail, by an order dated 23.1.2023, passed in Criminal Miscellaneous No. 32301 of 2022.

3.

The allegation is regarding the petitioner having killed his wife and thrown her dead body in the river Ganges. 4.

The learned counsel for the petitioner submits that the petitioner is languishing in custody since 22.5.2021 and in fact,

Patna High Court CR. MISC. No.8878 of 2024(2) dt.12-07-2024 2/2 there is no eye-witness to the alleged occurrence. 5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail and has submitted that there is no change in circumstance so as to reconsider the prayer of the petitioner for grant of bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the impugned order dated 4.11.2023, this Court finds that the complicity of the petitioner in the alleged incident is writ large from the records and moreover, there is no change in circumstance so as to warrant reconsideration of the prayer of the petitioner for grant of bail, thus, the present petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T