Sanjay Raut @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7630 of 2023 Arising Out of PS. Case No.-8 Year-2022 Thana- SHEOHAR District- Sheohar ====================================================== Sanjay Raut @ Sanjay Kumar Son Of Late Lal Babu Raut R/O Vill.- Gardhwa, P.S.- Sheohar, Distt.- Sheohar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Mohan For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Sheohar P.S. Case No. 08 of 2022 instituted for the offence under Sections 302/34 of the Indian Penal Code. As per allegation in the FIR, the informant alleged that on the alleged date of occurrence, her husband was assaulted by the accused persons including the petitioner when he asked for his labour charges from them. Thereafter, he was taken to hospital for treatment, but during course of treatment informant's husband died.

Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has falsely been implicated in this case due to dirty village politics. It is further submitted that during investigation some witnesses

Patna High Court CR. MISC. No.7630 of 2023(3) dt.27-04-2023 2/2 stated that the deceased, while he was in drunken state, met with a fatal accident due to which he died. Moreover, the petitioner is languishing in judicial custody since 1.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that from perusal of case diary, it appears that the informant's husband has made direct allegation against the petitioner and stated about the incident to his wife/informant that this petitioner along with co-accused Md. Dulare assaulted him by Iron means due to which he sustained injury and thereafter he died during course of treatment. As per Postmortem report, the cause of death of the deceased is due to injuries caused by hard and blunt substance which corroborates the prosecution story.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible (Sunil Kumar Panwar, J) Amandeep/- U T