IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.17558 of 2010
PINTU TIWARI
Versus
STATE OF BIHAR
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3 25-06-2010 Heard learned counsel for the parties.
The petitioner has been made accused in a case
under section 302/34 I.P.C.
As per prosecution case, petitioner, Bhusan Tiwari
and Mathura Shah were chasing the informant’s father with
their rifle. Thereafter it is alleged that at the instigation
Mathura Shah and Pintu Tiwari, this petitioner and other
accused persons opened fire at his father. It is alleged that
subsequently Pintu Tiwari and one more also entered the
Bathan and opened fire.
Learned counsel submits that petitioner is in
custody for four and half years and other accused persons
namely Laxman Tiwari and Rajeshwar Tiwari are already
on bail. It would appear from the order dated 9-7-2009 that
5 charge sheet witnesses have already been examined. The
petitioner submits that these witnesses have not supported
the prosecution case.
In the facts and circumstances, I am not inclined to
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allow bail to the petitioner which is rejected with direction
to the Trial Court to conclude the trial preferably within four
months from the date of receipt of this order. If trial does
not stand concluded petitioner, may renew prayer for bail.
Let a copy of this order be communicated to the
Court of Fifth Additional Sessions Judge East Champaran
Motihari for compliance of this order.
S.P. (Samarendra Pratap Singh, J.)