Manoj Tiwari @ Manoranjan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41291 of 2018 Arising Out of PS.Case No. -105 Year- 2017 Thana -BRAHMPUR DistrictBUXAR ===================================== Manoj Tiwari @ Manoranjan Tiwari, Son of Raj Kishore Tiwari, resident of Village- Baraki Nainijore, Police StationBrahmpur (Nainijore), District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Adv. Mr. Arun Kr. Pandey, Adv.

For the Informant : Mr. Ravindra Kumar, Adv. For the State : Mr. Dashrath Mehta, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-11-2018 Heard the learned counsel for the petitioner, the informant and the State.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 07.12.2017 passed in Cr. Misc. No. 47316 of 2017.

The petitioner has renewed his prayer for bail in connection with Sessions Trial No. 99 of 2018, arising out of Brahmpur (Nainijore) P.S. Case No. 105 of 2017,

Patna High Court Cr.Misc. No.41291 of 2018 (3) dt.02-11-2018 2/2 dated 03.04.2017, instituted for the offences punishable under Sections 147, 148, 149, 341, 325, 338, 307, 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

The main plank of argument of Mr. Krishna Prasad Singh, learned Senior Advocate appearing on behalf of the petitioner is that the petitioner was holding a rifle in his hand and had fired one shot at the deceased; but the deceased has received seven gun shot injuries and none of those injuries can be said to have been caused by rifle as no rifling of exit was found in the wound. This Court is afraid, this may not be a ground at this stage to enlarge the petitioner on bail. This Court has further been informed that uptill now, three witnesses have been examined out of a total of fourteen charge-sheet witnesses.

Considering the aforesaid facts and circumstances, it is directed that the Trial Court should expedite the trial and conclude the same, positively within a period of nine months from today.

With the aforesaid observation, the petition stands disposed of.

Praveen-II/- (Ashutosh Kumar, J) U T