Dr Vikash Pathak @ Vikash Kumar Pathak @ Dr Vikash Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16407 of 2023 Arising Out of PS. Case No.-10 Year-2021 Thana- AIRPORT District- Patna ====================================================== Dr Vikash Pathak @ Vikash Kumar Pathak @ Dr Vikash Kumar Pathak Son Of Sri Ram Sakal Pathak Village- Dharampur Ps- Daudpur Dist- Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 328, 302/34 of the Indian Penal Code.

As per prosecution case, one Rakesh Kumar died in the Getwell Hospital and the CCTV footage showed that the driver of the referred vehicle fled away whereas dead body was on the stretcher. The petitioner, who was doctor there, had also fled away.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.16407 of 2023(2) dt.10-05-2023 2/3 petitioner is innocent and has committed no offence. The petitioner has falsely been implicated in this case because he was serving as Doctor in the ICU at Getwell Hospital. There is no specific allegation attributed against him rather general and omnibus allegation attributed against him. The petitioner has no concern with the alleged occurrence and there is no consistent evidence found against him. He has got no criminal antecedent. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 10.09.2021 passed in Cr. Misc. No. 25197 of 2021. It is further submitted that the petitioner is languishing in judicial custody since 11.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hawai Adda P.S. Case No. 10 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.16407 of 2023(2) dt.10-05-2023 3/3 amount each to the satisfaction of learned A.C.J.M.-XI, Patna.

(Sunil Kumar Panwar, J) Manish/- U T