Rohit Tiwari @ Rudal Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38715 of 2020 Arising Out of PS. Case No.-23 Year-2020 Thana- MAHARAJGANJ District- Siwan ====================================================== ROHIT TIWARI @ RUDAL TIWARI Son of Bijendra Tiwari Resident of Village- Madhopur, P.S.- G.B. Nagar (Tarwara), District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Sinha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 324, 325, 307, 34 of the Indian Penal Code and 27 of the Arms Act.

Allegedly, while the informant's son was returning from coaching centre, one Rohit Tiwary @ Rubal and others encirled him and started assaulting. Seeing the informant coming towards, the accused persons fled away. It is further alleged that in the second episode, the accused persons having armed with lathi, Fatta, started assaulting one Ajeet as a result of which, the hand of Ajeet was broken. Firing was also made.

Patna High Court CR. MISC. No.38715 of 2020(3) dt.16-11-2021 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The allegation of firing upon the victim Kavindra is denied by the petitioner. The petitioner had no intention to commit murder of the victim. At best, it is a case under Section 325 of the Indian Penal Code. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. There is specific allegation of assault alleged against the petitioner. The nature of injury is said to be grievous.

Considering the aforesaid facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is rejected. In case, the petitioner surrenders in the court below and seeks regular bail, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) A.K.V.//- U T