Subodh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67850 of 2024 Arising Out of PS. Case No.-113 Year-2024 Thana- NOKHA District- Rohtas ====================================================== Subodh Tiwari S/o- Late Parash Tiwari Village- Shitapur PS-Nokha DistrictRohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chhote Lal Mishra, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-06-2025 Heard Mr. Chhote Lal Mishra, learned counsel for the petitioner and Mr. Sanjay Kumar Tiwary, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Nokha P.S. Case No. 113 of 2024, F.I.R. dated 27.03.2024 for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. According to prosecution case, the informant alleged that the petitioner along with other accused persons committed murder of her daughter, namely, Ranjani Kumari.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that the informant is not the eye witness of the present

Patna High Court CR. MISC. No.67850 of 2024(4) dt.16-06-2025 2/2 crime in question.

5. The learned Additional Public Prosecutor on the basis of materials available on record and case diary has vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation that the cause of death of the deceased was poisoning and apart from that it has also come during investigation that altercation took place between the petitioner and the deceased. The relevant paragraph of viscera report of the deceased is mentioned hereinbelow:- "On chemical examination, Aluminium Phosphide was detected in the contents of exhibits marked A1 to A7 as described above.

Aluminium Phosphide commercially known as 'CELPHOS' is severe gastro-instestinal irritant. It is used as grain preservative and is highly poisonous."

6. Considering the aforesaid facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Nokha P.S. Case No. 113 of 2024 pending in the court of Additional Chief Judicial Magistrate, Rohtas at Sasaram.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Suruchi/- U T