Patna High CourtCR. MISC./7673/2024bail granted

Arunjay Kumar v. The State Of Bihar

2024-02-26Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7673 of 2024 Arising Out of PS. Case No.-182 Year-2023 Thana- KONCH District- Gaya ====================================================== Arunjay Kumar Son Of Dayanand Kumar @ Dyanand Kumar R/O Bazar Varma, P.S.- Konch, Dist.- Gaya (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aman Vishal, Adv.

For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Konch P.S. Case No. 182 of 2023 dated 21.04.2023 registered for the offences punishable u/ss 304 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the co-accused killed the informant's wife during the course of treatment for the money with assistance of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the said private hospital managed by the co-accused Dr. Chandan Kumar. The petitioner neither acted as an agent or partner of the said private hospital nor involvement in management of the said private hospital. It is

Patna High Court CR. MISC. No.7673 of 2024(2) dt.26-02-2024 2/2 further submitted that the petitioner has been falsely implicated in this case for recommending the said private hospital where the wife of the informant succumbed to death. The co-accused person, Chandan Kumar has already been granted regular bail by the Coordinate Bench of this court vide order dated 15.02.2024 passed in Cr. Misc. No. 5464 of 2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya in connection with Konch P.S. Case No. 182 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T