Dharam Pal @ Dharam Pal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27792 of 2025 Arising Out of PS. Case No.-559 Year-2024 Thana- BARUN District- Aurangabad ====================================================== Dharam Pal @ Dharam Pal Kumar son of Late Surendra Ram Residents of village - Nauner, Ps- Obra, Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamlendra Prasad Singh, Advocate For the Opposite Party/s :
Mr Umeshanand Pandit , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2025 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
Patna High Court CR. MISC. No.27792 of 2025(2) dt.15-07-2025 2/3 ambulance, bearing registration no. BR01PJ-9752, and dropped them in a deserted place and later on, one of them died.
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 4th grade staff in Sadar Hospital, Aurangabad on contract basis and his duty was to carry the patients on strecher and he is duty bound to obey his seniors and has got no concerned with the alleged occurrence . Informant is not eyewitness 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. It has also come during course of investigation that two unknown patients were referred for better treatment to the Sadar Hospital, Aurangabad and on the instruction and direction of co-accused Dr.
Patna High Court CR. MISC. No.27792 of 2025(2) dt.15-07-2025 3/3 through the 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 4th grade staff in the Sadar Hospital, Aurangabad. Petitioner claims clean antecedent. Similarly situated co-accused persons have already granted bail by this Court vide order dated 18.03.2025 in Cr. Misc. No. 11380 of 2025 .
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) Koushik/- U T