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Patna High CourtCR. MISC./29910/2016rejected

Sujit Tiwary @ Chotu Tiwary @ Chote Tiwary And ANR. v. The State Of Bihar

2016-09-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29910 of 2016 Arising Out of PS.Case No. -514 Year- 2015 Thana -NAUBATPUR District- PATNA ======================================================

1. SUJIT TIWARY @ CHOTU TIWARY @ CHOTE TIWARY, son of Late Rang Nath Tiwary

2. Santu Paswan Son of Sri Ambika Paswan Both residents of village - Tiwarychak, P.S. Naubatpur, District - Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Vasant Vikas, Advocate. For the Opposite Party/s : Ms. Indu Kumari Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-09-2016 Heard both sides.

The petitioners apprehend their arrest in Naubatpur P.S. Case No. 514 of 2015 registered under Sections 326, 307/34 of the Indian Penal Code and Section 27 of the Arms Act. The informant named the petitioners and one Ajay Kumar and alleged that they all came and made indiscriminate firing causing firearm injuries on different parts of the body of the informant. It is alleged that earlier one Pandit Jee was killed and the informant participated in the killing of Pandit Jee, that is why, the accused persons in order to kill the informant made indiscriminate firing. Learned counsel for the petitioners submits that due to village politics, the petitioners have falsely been implicated in the case. The petitioners have got no role in the

Patna High Court Cr.Misc. No.29910 of 2016 (2) dt.06-09-2016 2/2 killing of Pandit Jee but it appears that the informant made very specific allegations against the petitioners Sujit Tiwary @ Chotu Tiwary and Santu Paswan that they made indiscriminate firing along with Ajay Kumar causing firearm injuries on different parts of the body of the informant.

Considering the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail in Naubatpur P.S. Case No. 514 of 2015. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T