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Patna High CourtCR. MISC./16478/2026allowed

Md. Rizwan @ Md. Rijwan v. The State Of Bihar

2026-04-21Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16478 of 2026 Arising Out of PS. Case No.-157 Year-2025 Thana- DALSINGHSARAI District- Samastipur ====================================================== Md. Rizwan @ Md. Rijwan S/o- Late Ibrahim Miyan @ Marhum Ibrahim Miyan Village- Taraspur Malpur, P.S- Dalsingsarai, Dist.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Dalsinghsarai P.S. Case No.157 of 2025 registered for the offence punishable under Sections 80, 103 and 3(5) of the BNS.

3. The case of the prosecution, in short, is that the petitioner was married to one Ishrat Khatoon (deceased) in year 2013. She is having five children out of the wedlock. It is further alleged that the petitioner along with his family has killed the deceased.

4. Learned counsel appearing on behalf of the petitioner has submitted that the nature of allegation is general and omnibus. It has further been submitted that during course of investigation one of the son of the deceased has given his statement before police and from perusal of Paragraph '8' it will transpire that the son of the deceased Md. Faizan has stated that there was some dispute between the deceased and the petitioner and the petitioner

Patna High Court CR. MISC. No.16478 of 2026(3) dt.21-04-2026 2/2 has gone to see cricket match in another village. When the petitioner returned, the deceased was found hanging in a room. Learned counsel for the petitioner has submitted that the statement of the son of the deceased is further substantiated by the postmortem report. In postmortem report the doctor conducting autopsy of the deceased has only found ligature mark and has opined that cause of death is asphyxia due to hanging. Learned counsel for the petitioner has further submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 15.12.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Additional Chief Judicial Magistrate-I, Dalsinghsarai, Samastipur in connection with Dalsinghsarai P.S. Case No.157 of 2025. (Ashok Kumar Pandey, J) durgesh/- U T