Golu Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51897 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -BRAHMPUR District- BUXAR ====================================================== Golu Tiwari S/o Shriman Tiwari, R/o Village- Badki Nainijor, P.S.- Brahmpur (Nainijor), District- Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Choubey For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner, the informant and the State.

The petitioner seeks bail in connection with Brahmpur (Nainijor) P.S. Case No. 105 of 2017 registered for the offences under Sections 147, 148, 149, 341, 325, 338, 307, 302, 120B of the Indian Penal Code and Section 27 of the Arms Act. The petitioner along with two others is alleged to have fired at the deceased, killing him. Three persons including the petitioners are stated to have resorted to firing and the deceased has received five gunshot wounds.

It has been submitted on behalf of the petitioner that because of the dispute which arose at the hustings, the petitioner has been falsely implicated in this case. The motive of

Patna High Court Cr.Misc. No.51897 of 2017 (4) dt.10-01-2018 2/2 killing of the deceased has been attributed to co-accused Nisith only and not to him.

However, these are not the grounds which can be taken into consideration at the present stage when there is specific allegation of the petitioner firing from his weapon, along with others, killing the deceased.

For the aforestated facts, the prayer for bail of the petitioner is rejected for the present.

(Ashutosh Kumar, J) Shageer/- U T