Patna High CourtCR. MISC./47730/2015bail granted

Sanjay Kumar Sharma v. The State Of Bihar

2015-11-10Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47730 of 2015 Arising Out of PS.Case No. -259 Year- 2015 Thana -PARWATTA District- KHAGARIA ====================================================== Sanjay Kumar Sharma Son of Bibhuti Sharma Resident of Village Rahimpur, Police Station Parbatta, District Khagaria. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nandsingh, Advocate For the Opposite Party/s : Mr. Upendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-11-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of regular bail arises out of Parbatta P.S. Case No. 259 of 2015, disclosing offence under Section 304 of the Indian Penal Code.

The petitioner runs a Medicine Shop. Allegedly, though he did not have the adequate expertise, administered some medicine on the informant's son through injection, whereafter he died. On the allegation and it was because of the wrong treatment given by the petitioner, the informant's son died, the present First Information Report came to be instituted for the offence under Section 304 of the Indian Penal Code. The petitioner is in custody since 28.08.2015.

Patna High Court Cr.Misc. No.47730 of 2015 (2) dt.10-11-2015 2/2 Learned counsel for the petitioner submits that there is no chance of petitioner tampering with the evidence or fleeing from the course of trial.

Considering the submission as above, this application is allowed.

Let the petitioner, above-named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Khagaria in connection with Parbatta P.S. Case No. 259 of 2015.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T