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Patna High Court

Laxman Mistri @ Laxman VishwakarmaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail to the petitioner at this stage.

Summary

Laxman Mistri was charged under Section 302 of the Indian Penal Code for allegedly stabbing his father, resulting in death. He applied for regular bail, claiming the incident arose from a trivial dispute over an umbrella and that he has no prior criminal record, having been in custody since September 2019. The State opposed bail, asserting that the petitioner was the principal assailant. After hearing both sides, the Patna High Court declined to grant bail at this stage, noting the seriousness of the allegation. The court allowed the petitioner to re‑apply for bail after six months if the trial remains pending and directed the trial court to expedite the proceedings.

Issues considered

  • Whether bail should be granted to an accused charged with murder under Section 302 IPC pending trial

Legislation cited

Subjects

  • bail
  • murder
  • Section 302 IPC
  • criminal procedure
  • trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22923 of 2026
                       Arising Out of PS. Case No.-340 Year-2019 Thana- WAJIRGANJ District- Gaya
                 ======================================================
                 Laxman Mistri @ Laxman Vishwakarma, S/o Late Ishwar Mistri @ Late
                 Ishwar Vishwakarma, R/o Vill- Paley, P.S.- Wazirganj, Distt- Gayaji

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   07-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Wazirganj P.S. Case No. 340 of 2019. registered for the

                   offence punishable under Section 302 of the Indian Penal Code .

                                3. The case of the prosecution is that the petitioner has

                   given a knife blow to this father due to which he died.

                                4. It is submitted by learned counsel for the petitioner

                   that the occurrence has taken place on trivial issue of giving

                   umbrella and that it is a dispute between father and son. Petitioner

                   is having no criminal antecedent and he is languishing in judicial

                   custody since 28.09.2019.

                                5. Learned APP appearing for the state has vehemently

                   opposed the prayer of regular bail and has submitted that petitioner
             Patna High Court CR. MISC. No.22923 of 2026(2) dt.07-04-2026
                                                         2/2




                       is the main assailant. He has given a knife blow due to which his

                       father has died.

                                    6. Having heard the learned counsel for the parties and

                       considering the nature of allegation, this court is not inclined to

                       enlarge the petitioner on bail at this stage and, as such, his prayer

                       for bail stands rejected.

                                    7. However, petitioner may renew his prayer for bail

                       after six months if the trial is not concluded.

                                    8. Learned trial Court is directed to expedite the trial.


                                                          (Ashok Kumar Pandey, J)

lata/-
U        T


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