Tinku Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22635 of 2019 Arising Out of PS. Case No.-794 Year-2018 Thana- ARA NAWADA District- Bhojpur ====================================================== Tinku Singh Son of Sri Narbdeshwar Singh Resident of Village-Housing Colony, P.S-Ara Nawada, District-Bhojpur (Ara). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Ara Nawada P.S. case No.794 of 2018 registered under Sections 302/34 of the Indian Penal Code, pending in the court of C.J.M., Bhojpur at Ara. Allegation is that the accused persons including the petitioner fired upon the informant's brother, namely, Vishwajeet Tiwary, due to which he sustained injury on his head and died.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.12.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come in

Patna High Court CR. MISC. No.22635 of 2019(4) dt.16-08-2019 2/2 the F.I.R. merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. In course of investigation, the witnesses in paragraph nos.12, 115 and 116 of the case diary have categorically stated that the petitioner along with other coaccused had fired upon the deceased, who succumbed to the said injury. The petitioner is one of the assailants. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T