Patna High Court
Laxman Mistri @ Laxman VishwakarmaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
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
- Indian Penal Code — s. 302
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
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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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