Vikash Tiwari @ Gita Bhushan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55555 of 2015 Arising Out of PS.Case No. -190 Year- 2015 Thana -ITADHI District- BUXAR ====================================================== Vikash Tiwari @ Gita Bhushan Tiwari, Son of Late Chandra Bhushan Tiwari, Resident of village- Pandey Patti, P.S.- Buxar (M), District- Buxar .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar Roy, Advocate For the Opposite Party/s : Mr. Dr.Kr.Uday Pratap(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149, 341, 324, 307, 427 and 120(B) of the Indian Penal Code and 27 of the Arms Act. Allegedly, the informant, Rakesh Pandey and two others were going in Scorpio vehicle which was being driven by Kanhaiya Tiwary and as soon as they reached near village Khekhsi at Buxar Pakki Road, five motorcycle borne criminals including the petitioner being armed over took the vehicle of the informant and with intention to kill opened fire with pistol and the petitioner opened fire on Gautam Mishra causing injury in his right side of rib and he became senseless.

Patna High Court Cr.Misc. No.55555 of 2015 (3) dt.10-02-2016 2/2 Submission is of false implication and that without any injury report, charge sheet has been submitted, victim has been examined and he has stated the name of the petitioner also including two others, but there is no specific allegation against the petitioner and, as such, the petitioner, who is suffering in custody since 29.9.2015, deserves sympathetic consideration. Learned A.P.P. opposes the prayer for bail by submitting that the petitioner has caused fire arm injury on the vital part of injured Gautam Mishra..

In the facts and circumstances stated above, considering the allegation attributed against the petitioner at this stage, this Court is not inclined to enlarge the petitioner on bail and, accordingly, his such prayer stands rejected in connection with Itarhi P.S. Case No.190 of 2015 pending in the court of Chief Judicial Magistrate, Buxar.

(Jitendra Mohan Sharma, J) N.H./- U T