Patna High CourtCR. MISC./8334/2024bail granted

Chandan Kumar Sahu v. The State Of Bihar

2024-02-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8334 of 2024 Arising Out of PS. Case No.-485 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== Chandan Kumar Sahu, Son of Jageshwar Sahu @ Jage Sahu, Village- Hariari P.S.- Phulparas, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Phulparas P.S. Case No. 485 of 2023, instituted for the offences punishable under Section 304 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner has injected wrong medicine to the son of the informant due to which informant's son died at the shop of the petitioner. In the meantime, the petitioner fled away after closing his shop.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel for the petitioner further submits that the

Patna High Court CR. MISC. No.8334 of 2024(2) dt.19-02-2024 2/2 petitioner has not injected medicine to the son of the informant. In this regard, the informant has filed a petition in the Court below vide Annexure-I to this application. The petitioner has no any criminal antecedent as has been stated in paragraph no. 3 of the present bail application. The petitioner is languishing in judicial custody since 10.11.2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and the petitioner is having clean antecedent, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Phulparas P.S. Case No. 485 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T