Suresh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53645 of 2022 Arising Out of PS. Case No.-379 Year-2021 Thana- RIVILGANJ District- Saran ====================================================== SURESH TIWARI Son of Shivji Tiwari Resident of Village - Tekniwas, P.S.- Rivilganj, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh,Advocate For the Opposite Party/s :

Mrs.Rina Sinha,APP For the Informant : Mr. Jeetendra Narayan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner, learned counsel appearing for the informant and the learned A.P.P. for the State.

Let the defects, as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail, who is in custody since 30.12.2021 in connection with Rivilganj P.S. Case No. 379 of 2021, F.I.R. dated 28.10.2021 registered for the offence punishable under Sections 302,387,379,504,506,34 of the Indian Penal Code.

Allegation against the petitioner and other coaccused Nitesh Tiwari is said to have assaulted the informant's father with knife causing injury on his stomach,

Patna High Court CR. MISC. No.53645 of 2022(5) dt.06-04-2023 2/3 chest, neck and back, as a result of which, he fell down on the ground and during course of treatment, he died. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. Further submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has no concern at all with the alleged occurrence and the petitioner is in custody since 30.12.2021.

Vide order dated 23.02.2023, a report was called for with regard to the stage of the trial. Report of the learned Trial Court dated 01.03.2023 reveals that out of five chargesheet witnesses, three witnesses have already been examined and rest two witnesses i.e. Doctor and I.O. have yet to be examined.

Learned counsel for the informant submits that on 16.03.2023 the I.O. of the case has already been examined by the learned Trial Court.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Rivilganj P.S. Case No. 379 of 2021 pending in the court of learned Judicial Magistrate-1st Class, Saran at Chapra. Prayer is refused.

Patna High Court CR. MISC. No.53645 of 2022(5) dt.06-04-2023 3/3 However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Nitesh/- U T