Mithu Sah @ Mithu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36470 of 2015 Arising Out of PS.Case No. -761 Year- 2011 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Mithu Sah @ Mithu Kumar Sah son of Purshotam Sah @ Purshotam Kumar, R/o village- Narkatiya, P.S.- Majorganj, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Nand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sitamarhi P.S. Case No. 761 of 2011 registered for the offences punishable under sections 302 read with 34 and 120-B of the Indian Penal Code as also section 27 of the Arms Act. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 27.08.2014 passed in Cr.Misc. No. 35333 of 2014.

There is a direct and specific allegation against the petitioner that the firing made by him caused gun shot injury to one Nilu Singh, mother of the informant, as a result of which she died instantaneously.

Patna High Court Cr.Misc. No.36470 of 2015 (3) dt.13-08-2015 2/2 Considering the gravity of the offence and the nature of accusation made against the petitioner, I am not inclined to grant him bail. Accordingly, the prayer for bail is rejected. Since the petitioner is in custody, the trial court is directed to expedite the trial and conclude the same as early as possible.

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