Patna High CourtCR. MISC./34856/2024dismissed

Rajesh Tiwari v. The State Of Bihar

2024-07-05Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34856 of 2024 Arising Out of PS. Case No.-74 Year-2004 Thana- AGIAON BAZAR District- Bhojpur ====================================================== Rajesh Tiwari SON OF Late Rajdeo Tiwari R/O Village Amehata, P.S.- Agiaon Bazar, District Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Upadhyay For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Agiaon Bazar P.S. Case No. 74 of 2004, registered for the offences punishable under Sections 447, 326, 307 of the IPC and Section 27 of the Arms Act.

3. Allegedly, the informant, in his fardbeyan, has stated that the petitioner fired at him by pistol and he suffered injuries in his back.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He has submitted further that the injuries are simple in nature and he is under custody since 12.01.2024.

Patna High Court CR. MISC. No.34856 of 2024(3) dt.05-07-2024 2/2

5. On the other hand, the learned APP for the State Sri Shailendra Kumar has opposed the prayer for bail and submitted that the petitioner remained absconding for a considerable long period and the case was delayed due to his abscondence.

6. There is direct allegation against the petitioner that he fired shot at the informant which hit on his back. The allegation is corroborated by the injury report. Fire-arm injuries was found on the person of the injured.

7. Considering the above-mentioned facts and circumstances, I am not inclined to grant bail to the petitioner, which is hereby rejected.

8. The learned trial court is directed to expedite the trial and take every endeavor to dispose of it within a period of nine months. If the trial is not concluded within the stipulated period, the petitioner may renew his prayer for bail in the trial court itself.

(Nawneet Kumar Pandey, J) kundan/- U T