Rizwan @ Rinku @ Rizwan Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63087 of 2025 Arising Out of PS. Case No.-412 Year-2025 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Rizwan @ Rinku @ Rizwan Ali S/O Nurul Hoda@Nurul Hoda Miya R/O Vill.- Dahibhata, Takiya Tola, P.S.- Uchakagaon, Dist.- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Upendra Yadav, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Gopalganj P.S. Case No. 412 of 2025 dated 01.06.2025, instituted for the offence punishable under Sections 126(2), 115(2), 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on 28.05.2025, the informant along with his son was returning from market. In the meantime, Gayasuddin @ Tallu and Rizwan @ Rinku (petitioner) caught the son of informant. When the son of informant freed himself from them and ran then Gayasuddin @ Tallu fired a bullet from behind with an intention to kill the son of informant which hit his thigh. In the meanwhile, wedding
Patna High Court CR. MISC. No.63087 of 2025(2) dt.10-09-2025 2/3 procession car arrived there and accused persons fled away then son of informant was taken to hospital for treatment.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is no specific allegation against the petitioner rather the specific allegation is against coaccused Gayasuddin @ Tallu, who shot on the thigh of son of the informant from behind with an intention to kill him. Petitioner is the brother of main accused Gayasuddin due to which he has been falsely made accused in this case. Further submission is that the occurrence took place on 28.05.2025 but the FIR was lodged 01.06.2025 i.e. after delay of three days without any plausible explanation. The allegation levelled against the petitioner is general and omnibus in nature. Lastly, it has been submitted that petitioner has two criminal cases against him.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Gopalganj P.S. Case
Patna High Court CR. MISC. No.63087 of 2025(2) dt.10-09-2025 3/3 No. 412 of 2025, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Gopalganj, subject to condition as laid down under Section 482(2) of the B.N.S.S.
(Khatim Reza, J) Sankalp/- U T