Awdhesh Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3393 of 2015 Arising Out of PS.Case No. -134 Year- 2014 Thana -MASRAKH District- SARAN ====================================================== Awdhesh Tiwary son of Late Sawalia Tiwary, Resident of Village - Harpur Jan, P.S. - Mashrak, District - Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s : Ms. Rina Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Mashrak P.S. Case No.134 of 2014 registered for the offences punishable under sections 341, 323, 307 and 504 read with 34 of the Indian Penal Code.

According to the prosecution case, the petitioner is alleged to have fired at the informant causing fatal injury which was witnessed by several villagers. It has been contended that the alleged place of occurrence is house of the petitioner and, hence, the informant was aggressor in this case. The petitioner is in custody since 23rd August, 2014 and the informant has sustained only superficial injury.

Patna High Court Cr.Misc. No.3393 of 2015 (3) dt.04-03-2015 2/2 Learned counsel for the State has opposed the prayer for bail. He has submitted that the informant of the case is an injured witness and the doctor who examined him has found multiple pellet injuries over right side of the chest of the informant which were grievous in nature.

Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner for the present. Accordingly, the prayer for bail is rejected. (Ashwani Kumar Singh, J) Md.S./- U T