Ravi Kumar @ Ravi Kumar Tiwari @ Ravi Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47238 of 2024 Arising Out of PS. Case No.-315 Year-2022 Thana- MAHARAJGANJ District- Siwan ====================================================== Ravi Kumar @ Ravi Kumar Tiwari @ Ravi Tiwary Son of Murari Tiwary R/O Vill.- Rukundipur, Tola Dhanauta, P.S.- Daraunda, Dist.- Siwan ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sumit Kumar, Advocate For the Informant : Mr. Abhijeet Abhigyan, Advocate For the State :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-10-2024 Heard Mr. Sumit Kumar, learned counsel for the petitioner, Mr. Abhijeet Abhigyan, learned counsel appearing on behalf of the Informant and Mr. Rajendra Singh, learned APP for the State.
2. Petitioner seeks bail, who is in custody since 15.11.2022, in connection with Maharajganj P.S. Case No. 315 of 2022, F.I.R. dated 08.11.2022 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The petitioner along with other are alleged to have assaulted the father of the informant due to which he died during course of treatment.
4. Earlier the bail petition of the petitioner was rejected vide order dated 29.08.2023 passed in Cr. Misc. No.
Patna High Court CR. MISC. No.47238 of 2024(5) dt.04-10-2024 2/2 24443 of 2023.
5. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that due to admitted land dispute the present occurrence had taken place.
6. Learned counsel for the Informant as well as learned APP for the State, on the other hand, have vehemently opposed the prayer for bail of the petitioner and submits that it appears from the F.I.R. itself that the petitioner opened fire upon the father of the informant and due to which he died and there is direct and specific allegation against the petitioner.
7. Considering the aforesaid facts that there is direct allegation against the petitioner and the allegation against the petitioner is that he is the main assailant in the present case, I am not inclined to enlarge the petitioner on bail in connection with Maharajganj P.S. Case No. 315 of 2022 pending in the Court of learned Additional Chief Judicial Magistrate-VI, Siwan.
8. Prayer is refused.
Ibrar//- (Rajesh Kumar Verma, J) U T