Baliram Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14654 of 2023 Arising Out of PS. Case No.-315 Year-2022 Thana- MAHARAJGANJ District- Siwan ====================================================== BALIRAM TIWARI SON OF BIDYA TIWARI R/O VILLAGERUKUNDIPUR, TOLA DHANOUTA, P.S.- DAROUNDA, DISTRICTSIWAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar Singh For the Opposite Party/s :

Mr.Mohammad Sufyan For the Informant Mr. Ramakant Sharma, Sr. Adv. Mr. N.K. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case registered for the offence punishable under section 302/34 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the FIR, six accused persons including the petitioner surrounded the informant's father and accused Ravi Tiwari opened fire upon him as a result of which he succumbed to injuries.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. General and omnibus allegation has been levelled against him. Specific

Patna High Court CR. MISC. No.14654 of 2023(2) dt.28-04-2023 2/2 allegation of opening fire is against co-accused Ravi Tiwari. As per postmortem report, there is only one bullet injury and doctor opined cause of death due to bullet injury. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 9.11.2022.

The application for bail is opposed by learned APP for the State and learned counsel appearing for the informant has opposed the prayer of bail and submitted that petitioner was also involved in the alleged offence with common intention of killing the informant's father.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM1st, Siwan in connection with Maharajganj P.S. Case No. 315 of 2022.

(Sunil Kumar Panwar, J) sushma/- U