IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.24750 of 2010
Ashok Kumar Mishra @ Ladu Mishra S/O Late Shyam Prasad Mishra
R/o Village- Sihuri, P.S. Amarpur , District-Banka
---Petitioner
Versus
STATE OF BIHAR
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04 06-12-2010 Heard Sri B.P.Pandey, learned Senior counsel for the
petitioner, Sri R.B.S. Pahepuri, learned Addl. Public Prosecutor
appearing on behalf of the State and Sri Arbind Kumar Tiwary,
learned counsel for the informant.
The sole petitioner, who is in custody in connection with
Sessions Trial No.656 of 2010 arising out of Amarpur P.S. Case
No.34 of 2010 registered for the offences under Sections 324,326,
307, 302 of the Indian Penal Code and 27 of the Arms Act, has
prayed for grant of bail.
The accusation against the petitioner is that he opened fire
from his gun, in which the son of the informant died and other two
persons received fire arm injury. Case diary was called for.
Sri B.P.Pandey, Learned Senior counsel for the petitioner,
while pressing the bail petition, submits that in the occurrence the
petitioner was initially assaulted by the informant and in spur of the
moment he went inside his house and after carrying his gun he
opened fire, in which accidentally son of the informant died and
other two received injury. Accordingly, it has been prayed to grant
bail to the petitioner.
While opposing the prayer for bail of the petitioner,
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learned Addl. Public Prosecutor for the State as well as by Sri
Tiwary , learned counsel for the informant has submitted that the
prosecution case has been supported consistently by number of
witnesses.
In view of the facts and circumstances of the case, I am
not inclined to extend the privilege of bail to the petitioner.
Accordingly, the prayer for bail of the petitioner stands rejected.
It has been informed that after commitment of the case,
charge has already been framed. Accordingly, it is desirable to direct
the court below to expedite the trial, so that it may come to its
logical end without any delay.
NKS/- ( Rakesh Kumar, J.)