Mahesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14453 of 2017 Arising Out of PS.Case No. -59 Year- 2013 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Mahesh Prasad, Son of Late Bihari Yadav, resident of village - Lalgi Bigha, P.S. Islampur, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. Sri Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

By way of the present application preferred under Sections 439 and 440 of the Code of Criminal Procedure, the petitioner has renewed his prayer for bail in connection with Islampur P.S.Case No. 59 of 2013 registered under Sections 147, 148, 149, 341, 337, 307, 120-B and 302 of the Indian Penal Code and Sections 25(1-B)(a) and 27 of the Arms Act. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 05.08.2015 passed in Cr.Misc. No. 28327 of 2015.

Considering the fact that the petitioner is alleged to have opened fire causing injury in the chest of the informant's

Patna High Court Cr.Misc. No.14453 of 2017 (3) dt.03-05-2017 2/2 wife as a result of which she died instantaneously and most of the witnesses have already been examined by the trial court, I am not inclined to grant him bail.

Accordingly the application is dismissed.

(Ashwani Kumar Singh, J) Pradeep/- U T