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Patna High CourtCR. MISC./50587/2024dismissed

Sanoj Raut v. The State Of Bihar

2024-07-19Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50587 of 2024 Arising Out of PS. Case No.-25 Year-2022 Thana- BANSHI District- Jehanabad ====================================================== Sanoj Raut Son of Radhe Shyam Raut R/O Ekraunja, P.s.- Banshi, Dist.- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Anand For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2024 The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Banshi P.S.Case No. 25 of 2022, registered for the offences punishable under Sections 341, 323, 307 and 504/34 of the Indian Penal Code, inasmuch as the earlier petition of the petitioner for grant of bail was rejected by this Court, vide order dated 16.1.2023, passed in Criminal Miscellaneous No. 46186 of 2022.

2.

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 Α.Μ. when the mother-in-law of the informant was sitting at the door of the house, however, when the mother-in-law of the informant had asked the petitioner to go away, he started assaulting the mother-in-law of the informant resulting in her

Patna High Court CR. MISC. No.50587 of 2024(2) dt.19-07-2024 2/3 sustaining grievous injuries and subsequently she had succumbed to her injuries. As far as the other co-accused persons are concerned, they are alleged to have assaulted the informant and her brother-in-law.

3.

The learned counsel for the petitioner submits that the petitioner is languishing in custody since 30.5.2022 without there being much progress in the ongoing trial, hence, he be granted the privilege of bail.

4.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail and has submitted that the petitioner is the main assailant, which has resulted in death of the motherin-law of the informant on account of the injuries, sustained by her, due to overt act, attributable to the petitioner herein, hence, no sympathy should be shown.

5.

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 on record, this Court finds that there are ample materials on record to show the complicity of the petitioner in the alleged occurrence, apart from the fact that there is no change in circumstance so as to warrant reconsideration of the prayer of the petitioner for grant of bail, hence, I am not inclined to grant bail to the petitioner, thus, the

Patna High Court CR. MISC. No.50587 of 2024(2) dt.19-07-2024 3/3 present petition stands dismissed.

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