Harendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9867 of 2025 Arising Out of PS. Case No.-559 Year-2024 Thana- BARUN District- Aurangabad ====================================================== Harendra Kumar Son of Ram Chandra Mahto Resident of Village- Arai, P.S.- Daudnagar, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Singh For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2025 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 offence under Sections 105 & 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per written report of informant namely Deepak Kumar Rai, who is an A.S.I. of Barun Police Station, an F.I.R. was lodged against seven accused persons including this petitioner wherein it is alleged that on 12.11.2024 at 12 noon, a dead-body of unknown person was found lying near Pokhrahi Devi Mandir wrapped in a cloth marked with 'Rashtriya Swasth Mission, Bihar, Aurangabad'. It is further alleged that the accused persons named in the F.I.R. carried two unknown patients, who were in unconscious condition, in a government ambulance, bearing registration no. BR01PJ-9752, and dropped them in a deserted place and later on, one of them died.

Patna High Court CR. MISC. No.9867 of 2025(2) dt.24-03-2025 2/3

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has been falsely implicated in this case only on suspicion. At the relevant time, petitioner was posted as Medical Emergency Technician (M.E.T.) in Sadar Hospital, Aurangabad and the duty of the petitioner is to give technical support to the patients on the ambulance. As per job description, petitioner has got no concern with the admission of patients in hospital or in case, patients are referred to a higher centre. Informant is not eye-witness to the occurrence. As a matter of fact, after recovery of the dead-body of the alleged patient, a U.D. Case No. 34 of 2024 was lodged on 14.11.2024 and the dead-body was sent for post-mortem examination. During investigation of the U.D.

case, the villagers told that some persons came in Ambulance and disposed the dead-body near Devi Mandir of village Pokhrahi. In CCTV footage, it was found that one ambulance came near village Pokhrahi from the side of Siris More.

Patna High Court CR. MISC. No.9867 of 2025(2) dt.24-03-2025 3/3 Government Ambulance and dropped at a deserted place and petitioner has got no role in the entire episode. Petitioner has been made accused in this case merely because at the relevant time, he was posted as Medical Emergency Technician (M.E.T.) in the Sadar Hospital, Aurangabad. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Barun P.S. Case No. 559 of 2024, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) anay U T