Prem Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16513 of 2015 Arising Out of PS.Case No. -198 Year- 2010 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Prem Mukhiya Son of Late Jamun Mukhiya, Resident of Village - Hasuahan, P.S. - Motihari Muffasil, District - East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Bhushan Pandey. For the Opposite Party/s : Mr. Uday Chandra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 6 02-12-2015 Heard both sides.

The petitioner seeks bail in a case under Section 302 and other Sections of the IPC and Section 27 of the Arms Act. The prayer for bail of the petitioner was thrice rejected by this Court. There is specific allegation that the petitioner fired which caused death of the son of the informant. It is submitted that the petitioner is in jail for more than five years. The informant has been examined and he disclosed that the firing made by the petitioner did not hit the deceased. It appears that the trial court has stated in its report that the case is pending in the court of 4th Additional Sessions Judge, East Champaran, Motihari and now the case is likely to be concluded

Patna High Court Cr.Misc. No.16513 of 2015 (6) dt.02-12-2015 P2/2 within six months.

Considering the nature of allegations made against the petitioner, I am not inclined to enlarge the petitioner on bail in Muffasil P.S. Case No. 198/2010, corresponding to Sessions Trial No. 351/2011. Accordingly, the same is rejected with a direction to the trial Court to conclude the trial within six months. (Prabhat Kumar Jha, J) Saif/-Siddharth U T