Vikash Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7974 of 2025 Arising Out of PS. Case No.-387 Year-2024 Thana- BARUN District- Aurangabad ====================================================== Vikash Ram Son of Shankar Ram village- Sonahi, Ps- Barun, DistAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-03-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 105 of BNS.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that his maternal sister had pain in her stomach, hence her mother called the petitioner for treatment, thereafter the petitioner gave her medicine and also injected her, as such her condition deteriorated and thus she was taken to Sardar hospital Aurangabad, where she died during the course of treatment. 4.

The learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in

Patna High Court CR. MISC. No.7974 of 2025(2) dt.06-03-2025 2/3 the instant case by the informant. It is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that it was mother of the deceased, who had called the petitioner to her home for treating the deceased. It is further submitted that petitioner is not a doctor and he had not treated the deceased rather he had advised the mother of the deceased to take her to a hospital, but subsequently when she died, he came to be implicated.

5.

The learned APP opposes the anticipatory bail application and submits that there is a direct allegation against the petitioner that despite not being a doctor, he administered medicine and also gave injection to the victim, on account of which, she died. It is next submitted that if the privilege of anticipatory bail is granted to the petitioner, the petitioner may abscond, on which the learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will cooperate in the investigation to prove his innocence. 6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/-

Patna High Court CR. MISC. No.7974 of 2025(2) dt.06-03-2025 3/3 (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Barun P.S. Case No. 387 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.

7.

One of the bailors of the petitioner shall be his father, Shankar Ram.

8.

However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner, despite giving assurance to this court, is not cooperating in the investigation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

9.

It is further made clear that if charge sheet is submitted connecting the petitioner with the offence, in that event, the present anticipatory bail order shall lose its effect. 10.

Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) SUMIT/- U T