Dharmveer Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13459 of 2017 Arising Out of PS.Case No. -80 Year- 2014 Thana -HALSI District- LAKHISARAI ====================================================== Dharmveer Vishwakarma, Son of Bundi Mistry, Resident of VillagePremdiha, P.S.-Halsi, District-Lakhisarai .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Prasad, Advocate.

For the Opposite Party : Mr. Lakshmi Kant Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-04-2017 Heard both sides.

The petitioner seeks bail in Sessions Trial No. 180 of 2013, arising out of Halsi P.S. Case No. 80 of 2014, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and under Section 27 of the Arms Act. The prayer for bail of the petitioner was twice earlier rejected on 23.04.2015 in Cr. Misc. No. 7872 of 2015 and on 14.12.2016 in Cr. Misc. No. 40599 of 2016.

Learned counsel for the petitioner submits that the petitioner is in jail for last two years six months and the trial has not yet been concluded.

It appears that all the witnesses have already been examined and only doctor is yet to be examined. There is specific

Patna High Court Cr.Misc. No.13459 of 2017 (3) dt.26-04-2017 2/2 allegation against the petitioner that he fired which hit in the armpit of the deceased Kameshwar Prasad causing his death on the spot.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T