Bipul Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34463 of 2022 Arising Out of PS. Case No.-385 Year-2015 Thana- RAJIVNAGAR District- Patna ====================================================== Bipul Tiwary Son Of Sri Sanjay Tiwary Resident of Mohalla- Urja Gram Road No. - 1, P.S. - Rajiv Nagar, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pranaya Shanker Sinha For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-11-2022 Heard both parties.
The petitioner apprehends his arrest in Rajiv Nagar P.S. Case No. 385 of 2015, registered for the offences punishable under Section 302, 307 and other allied sections of the Indian Penal Code and section 27 of the Arms Act. Prosecution case in brief is that on the alleged date and time of occurrence while the informant was constructing boundary wall on his land, petitioner along with others obstructed the informant and on protest raised by the informant, altercation took place in which three persons sustained injuries. Out of three, one died on the spot. The accused persons are also alleged to have fired 10-15 round firings.
It is submitted that petitioner is not named in the FIR. Name of petitioner transpired during course of investigation on
Patna High Court CR. MISC. No.34463 of 2022(3) dt.24-11-2022 2/2 the basis of confessional statement of co-accused. Similarly situated co-accused have been granted bail by different Benches of this court.
Counsel for State opposed the prayer for bail and submitted that petitioner has got eight criminal antecedents. Considering the nature of accusation and criminal antecedents, I am not inclined to enlarge the petitioner abovenamed on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T