Dharmdeo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26323 of 2015 Arising Out of PS.Case No. -406 Year- 2014 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Dharmdeo Kumar, S/o- Sri Ram Bilash Mahto, R/v- Jai Nagar, P.S.- Sonbarsa, Distt.- Sitamarhi, presently residing at Shastri Nagar, Sarkari Awash No.- 368/800, P.S.- Shastri Nagar, Distt- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Ram Bachan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-07-2015 Heard both sides.

The petitioner seeks his bail in connection with Sessions Trial No.91 of 2015 arising out of Shashtri Nagar P.S.Case No. 406 of 2014 (G.R.No.4306 of 2014) registered under Section 307 IPC and section 27 of the Arms Act.

The petitioner made indiscriminate firing causing injury to Rajesh Kumar and Bipul Kumar.

It is submitted that the mental condition of the petitioner is not normal. The prayer for bail of the petitioner was earlier rejected vide order dated 6.2.2015 passed in Cr.Misc.No.41729 of 2014 with an observation that the petitioner may renew his prayer for bail, if the trial is not concluded within nine months. In the meantime, the petitioner filed a petition for his release on the ground of his insanity but on perusal of the record, it appears that the learned Sessions Judge has very categorically stated that the petitioner is normal and there is no sign of insanity. Considering the facts aforesaid, I am not inclined to

Patna High Court Cr.Misc. No.26323 of 2015 (2) dt.01-07-2015 2/2 enlarge the petitioner on bail and accordingly, the same is rejected.

(Prabhat Kumar Jha, J) ahk/- U T