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Patna High CourtCR. MISC./47316/2017rejected

Manoj Tiwari @ Manoranjan Tiwari v. The State Of Bihar

2017-12-07Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47316 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -BRAHMPUR District- BUXAR ====================================================== Manoj Tiwari @ Manoranjan Tiwari Son of Raj Kishore Tiwari, resident of 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 Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-12-2017 Heard the counsel for the petitioner and the State.

The petitioner seeks bail in connection with Brahmpur (Nainijor) P.S. Case No. 105 of 2017 dated 24.07.2017 instituted 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 three others are said to have fired from their respective weapons at the deceased leading to his death. So far as the petitioner is concerned, it has been alleged that he was holding a rifle in his hand and had fired one shot at the deceased.

Learned counsel for the petitioner has submitted

Patna High Court Cr.Misc. No.47316 of 2017 (3) dt.07-12-2017 2/2 that though the deceased was found to have received seven gunshot injuries, but none of them could be attributed to the petitioner as there was no rifling or exit wound on the person of the deceased.

Learned counsel has also drawn attention of this Court to the previous enmity between the parties which facts stand reflected in the F.I.R. as well.

These grounds do not weigh the Court for the present for grant of bail.

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

(Ashutosh Kumar, J) Shageer/- U T