VIKAS TIWARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. K. N. Choubey, learned senior counsel appearing for the petitioner and Mr. Kaushik Sarkhel, learned A.P.P. for the State.

(2.) The petitioner is an accused in connection with Barkagaon P.S. Case No. 193 of 2014 registered for the offences punishable under Sections 302/120(B)/34 of the IPC and Section 27 of the Arms Act.

(3.) The FIR was instituted on 16-12-2014 in which it was alleged that on 15-12-2014 when the informant was returning from Khelari after attending the birthday celebration of the son of Md. Firoz along with Lakhan Sao, Prakash Thakur and Suresh Rana besides bodyguard of Lakhan Sao namely, Mithilesh Tiwary at 11:30 p.m., a red colour Sumo Victa vehicle was seemed parked. It is alleged that as soon as they reached near the vehicle, indiscriminate firing was started by the 5 miscreants upon them who were present at the spot which resulted in the bodyguard Mithilesh Tiwary suffering injury which led to his death. The informant has alleged that all the 5 miscreants have been seen by the informant in the light of the vehicle and identified two of them which includes the petitioner as well as Guddu Yadav alias Prakash Yadav. Based on the aforesaid allegations, Barkagaon P.S.