Bindeshwari Tiwary @ Bindeshwar Tiwary @ Bhuar Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77199 of 2018 Arising Out of PS. Case No.-78 Year-2013 Thana- SIKARHATTA District- Bhojpur ====================================================== Bindeshwari Tiwary @ Bindeshwar Tiwary @ Bhuar Tiwary S/o Late Dukhit Tiwary, Resident of Village- Daridih, P.S.- Sikarahata, District- Bhojpur. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ram Naresh Sharma, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 328 and 304 of the Indian Penal Code registered in connection with Sikarahata P.S. Case No. 78 of 2013.

3. It is submitted that the petitioner has been falsely implicated on the accusation that he supplied wine which was consumed by the deceased. It is submitted that as a matter of fact, three deceased along with other persons had also taken meal including fish and rice.

4. Learned APP submits that one of the deceased, namely, Niraj Kumar had disclosed the name of the petitioner from whom wine had been purchased.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

5. If the petitioner surrenders and seeks regular bail before the learned trial Court the same shall be considered expeditiously on

Patna High Court Cr.Misc. No.77199 of 2018(2) dt.22-01-2019 2/2 its own merit in accordance with law and without being prejudiced by any observation in the present order.

(Vikash Jain, J) BT/Chandran U T