Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7141 of 2024 Arising Out of PS. Case No.-577 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== RANJAN KUMAR SON OF MAY KISHOR PRASAD YADAV R/OGONAHI, P.S.-PATAHI, DISTT.-EAST CHAMPARAN AT MOTIHARI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Ghorasahan P.S. Case No. 577 of 2023 registered on 02.10.2023 lodged under Sections 304/34 of the I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against three named accused persons against the Doctor, Compounder and the alleged Operation Theatre Assistant that due to the negligence wife of the informant died.

4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is a sweeper in the said hospital but from the allegation, it transpires that the petitioner had disclosed himself as

Patna High Court CR. MISC. No.7141 of 2024(2) dt.17-02-2024 2/3 compounder. From record, it transpires that he has not disclosed any certificate of this profession i.e. Compounder. The defence taken by him before this Court that he has entered into compromise with the informant and on this ground he is seeking bail before this Court.

5. He further submits that the is in custody since 02.10.2023 having no criminal case pending against him. He also submits that the other co-accused has been granted bail by this Court vide order dated 31.01.2024 in Cr. Misc. No. 2585 of 2024.

6. Learned counsel for the State opposes the prayer for bail.

7. Upon specific query made by this Court that whether charge has been framed or not, counsel for the petitioner submits that he is not aware of this fact that charge has been framed or not.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge if charge is not framed yet and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-III Daka,

Patna High Court CR. MISC. No.7141 of 2024(2) dt.17-02-2024 3/3 East Champaran, Motihari in connection with Ghorasahan P.S. Case No. 577 of 2023, subject to the following conditions laid down under Section 437 (3) of the Cr.P.C.

(Dr. Anshuman, J) Sunnykr/- U