Shaud @ Saud v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73147 of 2018 Arising Out of PS. Case No.-264 Year-2018 Thana- JOKIHAT District- Araria ====================================================== Shaud @ Saud, s/o late Kabir, r/v-Khutti Kharaiya, P.S.- Jokihat, DistrictAraria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-12-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Jokihat P.S. Case No. 264/2018, instituted for offences under Section(s) 147, 148, 149, 341, 323, 307, 353, 427 and 504 of the Indian Penal Code read with Bihar Medical Service Institution and Person Protection Amendment Act, 2014.

Learned counsel for the petitioner has submitted that petitioner is not named in the written report. Written report has been filed by the Medical Officer, Referral Hospital, Jokihat alleging therein that on the date of occurrence nine persons, injured in road accident, were admitted. The informant/Medical Officer referred three persons to Sadar Hospital, Araria for better treatment. The family members of those injured were making demand of Ambulance, which he could not provide. Thereafter, the family members of

Patna High Court Cr.Misc. No.73147 of 2018(2) dt.07-12-2018 2/2 other accused persons started creating nuisance and also making assault due to which informant sustained injury. They also damaged the hospital property.

Learned counsel for the petitioner has submitted that petitioner was not family member of any of the injured. There is no allegation of specific overt act against him. Petitioner is in custody since 15.09.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 264/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T