Sanoj Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47331 of 2023 Arising Out of PS. Case No.-25 Year-2022 Thana- BANSHI District- Jehanabad ====================================================== SANOJ RAUT S/O RADHESHYAM RAUT R/O VILLAGE- EKRAUNJA (AKRONJA) PS. BANSHI DIST. ARWAL ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s :
Mr.Uday Kumar, Advocate For the Opposite Party/s :
Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-08-2023 1.
Heard the learned counsel for the petitioner and the learned A.P.P. for the State. 2.
The present petition is by way of second attempt at the behest of the petitioner for grant of bail in connection with Session Trial No. 705/2022 arising out of Banshi P.S. Case No. 25 of 2022, registered for the offences punishable under Sections 341, 323, 307, 302, 504/34 of the Indian Penal Code.
3.
The allegation is regarding the petitioner having arrived at the house of the informant in the night of 19.03.2022 at about 10:00 P.M. when the mother-in-law of the informant was sitting at the
Patna High Court CR. MISC. No.47331 of 2023(2) dt.02-08-2023 2/3 door of the house, however, when the mother-inlaw of the informant had asked the petitioner to go away, he started assaulting the mother-in-law of the informant resulting in her sustaining grievous injuries and subsequently she had succumbed to her injuries.
4.
The learned counsel for the petitioner has submitted that the petitioner is innocent and he is languishing in custody since 30.05.2022 without there being any substantial progress in the on going trial, hence the petitioner be granted the privilege of bail.
5.
Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail. 6.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is the main assailant and he is alleged to have assaulted the mother-in-law of the informant resulting in her death, apart from the
Patna High Court CR. MISC. No.47331 of 2023(2) dt.02-08-2023 3/3 fact that there is no change in circumstance so as to warrant re-consideraton of the prayer of the petitioner for grant of regular bail, I do not find any merit in the present petition, hence the same stands dismissed.
(Mohit Kumar Shah, J) S.Sb/- U T