Dhananjay Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72388 of 2022 Arising Out of PS. Case No.-126 Year-2022 Thana- KOTWA District- East Champaran ====================================================== Dhananjay Tiwari, Son of Chandramohan Tiwari, R/v- Banbirwa, P.S.- Kotwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-03-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in registered for the offences punishable under Sections 323, 302, 307, 506/34 and other allied sections of the Indian Penal Code. As per prosecution case, this petitioner along with other F.I.R. named accused persons assaulted the informant, her daughter and her husband by means of farsa, bamboo and iron rod and during course of treatment, husband of the informant died.

Learned counsel for the petitioner submits that the petitioner is innocent and allegation against him is general and omnibus in nature. It is further submitted that only one injury has been found by the doctor on the body of the deceased which

Patna High Court CR. MISC. No.72388 of 2022(2) dt.23-03-2023 2/2 does not corroborate the allegations made in the F.I.R. However, learned counsel for the informant opposes the prayer for bail application and submis that there is direct and specific allegation against the petitioner which resulted in death of the husband of the informant.

Considering the nature of accusation, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) Navya/- U T