Md. Rizwan Rizwi @ Md. Dulare v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8438 of 2023 Arising Out of PS. Case No.-8 Year-2022 Thana- SHEOHAR District- Sheohar ====================================================== Md. Rizwan Rizwi @ Md. Dulare Son of Tahikal Haque Resident of VillageGadhwa Sheohar, P.S.- Sheohar, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Mohan For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-04-2023 Heard both parties.

The petitioner apprehends his arrest in Sheohar P.S. Case No. 08 of 2022, registered for the offences punishable under Sections 302/34 of the Indian Penal Code. As per the prosecution case, this petitioner along with co-accused Sanjay Kumar assaulted the husband of informant by iron rod, as a result of which he died during course of treatment.

It is submitted that FIR has been lodged after delay of two days without any plausible explanation. In fact, the deceased had taken wine and he met with an accident and this petitioner along with co-accused Sanjay Kumar took him to his house and handed over to his family. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.8438 of 2023(2) dt.24-04-2023 2/2 Counsel for State however, vehemently opposed the prayer for bail and submitted that the deceased before his death has stated that this petitioner and co-accused Sanjay Kumar assaulted him.

Considering the facts aforesaid and gravity of offence, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T