Chhatis Tiwari @ Chhtis Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30816 of 2021 Arising Out of PS. Case No.-61 Year-2020 Thana- BARHARIA District- Siwan ====================================================== CHHATIS TIWARI @ CHHTIS TIWARI S/o Bharat Tiwari Resident of Village- Parwa, P.S.- Barharia, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anurag Saurav, Advocate For the State :

Mr. Bharat Bhushan, APP For the Informant :

Mr. Naresh Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-12-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, it is stated by the informant that his son went with the petitioner and soon, thereafter, gun shot was heard and on reaching the place of occurrence he found his son has been shot dead. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Even as per the allegation, there are no eye witness to the actual occurrence and at best the case of the petitioner is of last seen. The petitioner is in custody since 19.2.2020 and has no criminal

Patna High Court CR. MISC. No.30816 of 2021(4) dt.23-12-2021 2/2 antecedent. The petitioner undertakes to cooperate in the trial. The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that the examination of prosecution witnesses have commenced and four witnesses have been examined on behalf of the prosecution. He states that there will be no delay in examination of the witnesses and the witnesses will be examined within a period of three months. Having heard learned counsel for the parties and taking into consideration the facts of the case, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

The learned trial court is directed to expedite the trial and to conclude the same within a period of six months from the date of receipt of a copy of this order.

(Partha Sarthy, J) Spd/- U T