Bittu Tiwari @ Vishwajit Tiwari @ Vishwajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24348 of 2016 Arising Out of PS.Case No. -184 Year- 2014 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Bittu Tiwari @ Vishwajit Tiwari @ Vishwajit Kumar S/O Ram Pravesh Tiwari resident of Brahm Asthan Ward no. 4 P.S. Sheohar District Sheohar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Ram Sumiran Rai(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 302 and other minor sections of the Indian Penal Code.

No doubt, informant is not an eye witness of the alleged occurrence but para-11 of the case diary goes to show that one eye witness claimed before the investigating officer that it was petitioner, who opened fire causing death of the deceased. Learned counsel appearing for the petitioner submits that in course of investigation, the witnesses examined by the investigating officer made contradictory statements because some witnesses stated that it were Vijay Pandey and others, who caused

Patna High Court Cr.Misc. No.24348 of 2016 (4) dt.22-07-2016 2/2 the death of the deceased but I am not, at all, convinced with the aforesaid submission.

Accordingly, the prayer for bail of the petitioner in connection with Sitamarhi P.S. Case No. 184 of 2014 pending in the court of Chief Judicial Magistrate, Sitamarhi stands rejected. (Hemant Kumar Srivastava, J) SHAHZAD/- U T