Dr. Md. Haroon Rashid @ Dr. Haroon Rashid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46413 of 2025 Arising Out of PS. Case No.-106 Year-2025 Thana- KOTWA District- East Champaran ====================================================== Dr. Md. Haroon Rashid @ Dr. Haroon Rashid S/o Md. Amanullah R/o Village- Jatwa, P.S.- Banjaria, District- East Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y. C. Verma, Sr. Advocate Mrs. Priyanka Singh, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner apprehends arrest in connection with Kotwa P.S. Case No.106 of 2025 instituted under Section 59(B) of the Bharatiya Nyaya Sanhita.

3. The allegation against the petitioner is that petitioner, being a member of Post-mortem Board, has not written the postmortem report due to which post-mortem report could not be prepared in time and could not be sent to F.S.L.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Further submission is that petitioner is not expert in the conduct of post-mortem examination as he is not

Patna High Court CR. MISC. No.46413 of 2025(2) dt.30-07-2025 2/2 specialized in the General Medicine. Petitioner acted in accordance with medical protocol. He has not intentionally attempted to affect the evidence as alleged. Petitioner is presently posted as Medical Officer at Sadar Hospital, Motihari and he undertakes to cooperate in the investigation and trial. Petitioner has got no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Motihari, East Champaran in connection with Kotwa P.S. Case No.106 of 2025, subject to the conditions as laid down in Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T