Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13899 of 2022 Arising Out of PS. Case No.-389 Year-2021 Thana- BANKA District- Banka ====================================================== Guddu Kumar Son of Suresh Mandal Resident of Village- Dhanbaran, P.S.- Katoriya, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 304, 420, 201 and 34 of the Indian Penal Code and Section 16 of the Bihar Establishment & Control & Registration Act, 2007. The case relates to medical negligence in which the daughter of the informant is said to have been victimized. Learned counsel for the petitioner submits that the petitioner is innocent and he has been implicated in this case only on the basis of suspicion. It is further submitted that the petitioner is a compounder of Lilavati Health Care Centre and

Patna High Court CR. MISC. No.13899 of 2022(2) dt.16-08-2022 2/2 he is only the technical assistant rather the victim has been operated by the Dr. Sulochana Singh, who has already been granted anticipatory bail vide order dated 11.07.2022 passed in Criminal Miscellaneous No. 58992 of 2021. Further, it is submitted that another co-accused namely, Bano Devi has also been granted bail by a Co-ordinate Bench of this Court vide order dated 06.04.2022 passed in Criminal Miscellaneous No. 55701 of 2021. The petitioner is in custody since 30.01.2022, is a person with clean antecedent and charge-sheet has been submitted in the case.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate/Successor Court, Banka in connection with Banka P.S. Case No. 389 of 2021. (Khatim Reza, J) Gaurav Kumar/- U T