Raj Kishor Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57911 of 2023 Arising Out of PS. Case No.-375 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== 1.
RAJ KISHOR SAH SON OF RAMJI SAH RESIDENT OF VILLAGEBARGAJWA, PS- SHIKARPUR, DISTT- WEST CHAMPARAN 2.
RAMJI SAH SON OF LATHUNI SAH RESIDENT OF VILLAGEBARGAJWA, PS- SHIKARPUR, DISTT- WEST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Shrivastava, Adv.
For the Opposite Party/s :
Mr.Jai Narain Thakur, APP For the Informant :
Ms.Aishwarya Shree, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-12-2023
1. Heard the learned counsel for the petitioners, the learned A.P.P. for the State and the learned counsel for the informant.
2. The present petition is by way of second attempt at the behest of the petitioners for grant of regular bail in connection with Shikarpur P.S. Case No. 375 of 2022, for the offence punishable under Sections 325, 307, 302, 379 and 34 of the Indian Penal Code, inasmuch as the earlier prayer of the petitioners for grant of regular bail was rejected by this Court, by an order dated 13.01.2023, passed in Criminal Miscellaneous No. 59541 of 2022.
3. The case of the prosecution in brief, according to the
Patna High Court CR. MISC. No.57911 of 2023(2) dt.08-12-2023 2/3 informant, is that on 07.05.2022 at about 11 in the day time, when the father of the informant was doing some work in the lane, then the petitioners herein along with other co-accused persons had arrived there, variously armed, whereafter they had abused the father of the informant and the petitioners had inflicted lathi (stick) blow on the head of the father of the informant, resulting in the father of the informant sustaining serious injuries. The accused persons are also alleged to have assaulted the mother of the informant and other family members, resulting in them having been grievously injured.
4. The learned counsel for the petitioners has submitted that the petitioners are languishing in custody since 08.05.2022, hence a sympathetic view be taken and the petitioners be granted the privilege of regular bail.
5. Per contra, the learned A.P.P. for the State and the learned counsel for the informant have 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 petitioners and taking into account the materials available on record, this Court finds that the complicity of the petitioners in the alleged occurrence is writ large and with malafide intention, the petitioners had killed the father of the
Patna High Court CR. MISC. No.57911 of 2023(2) dt.08-12-2023 3/3 informant, who had sustained multiple injuries and moreover, there is no change in the circumstances so as to warrant reconsideration of the prayer of the petitioners for grant of regular bail, hence, I do not find any merit in the present petition, thus the same stands dismissed.
(Mohit Kumar Shah, J) sonal/- U T