Rajaram Yadav @ Rajdeo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55625 of 2023 Arising Out of PS. Case No.-8 Year-2022 Thana- NAWADA MUFFASIL District- Nawada ====================================================== RAJARAM YADAV @ RAJDEO YADAV S/O RAM AVTAR YADAV RESIDENT OF VILLAGE- ASHADHI TOLA LAKSHMIPUR, PSMUFFASIL, DIST- NAWADA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar, Advocate For the Opposite Party/s :
Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-12-2023
1. 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 Nawada Mufassil P.S. Case No.8 of 2022, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 504, 307 and 302 of the Indian Penal Code, inasmuch as the earlier prayer of the petitioner for grant of regular bail was rejected by this Court by an order dated 06.01.2023, passed in Cr.Misc.No.58395 of 2022.
3. The case of the prosecution, in brief, according to the informant, is that on 12.01.2022 at about 4:00 o'clock, some noise started coming from the Dalan of Visho Yadav, whereafter, the husband of the informant, namely, Bijendra
Patna High Court CR. MISC. No.55625 of 2023(2) dt.08-12-2023 2/3 Kumar went towards Samudayic Bhawan and as soon as he reached there, the accused persons including the petitioner herein started assaulting him resulting in him sustaining grievous injuries, whereafter, he died subsequently. As far as the petitioner is concerned, he has been alleged to have given a Garasa blow on the husband of the informant.
4. The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 10.06.2022 and moreover it has not been specified as to on which part of the body of the deceased, the petitioner had inflicted Garasa blow, hence benefit of doubt be granted to the petitioner.
5. Per contra, the learned APP for the State has though 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 petitioner and taking into account the materials available on record, this Court finds that there is no change in circumstance from the day this Court had rejected the case of the petitioner for grant of regular bail by an order dated 06.01.2023 till date, hence there is no occasion to reconsider the prayer of the petitioner for grant of regular
Patna High Court CR. MISC. No.55625 of 2023(2) dt.08-12-2023 3/3 bail, thus the present petition stands dismissed being devoid of any merit.
(Mohit Kumar Shah, J) Saurav/- U T