Madan Pandey @ Madan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37671 of 2026 Arising Out of PS. Case No.-492 Year-2011 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Madan Pandey @ Madan Singh S/o Radhe Shyam Singh R/o VillageDuguthua, P.S.-Duguthua,P.O.-Duguthua, District- Kaimur (Bhabhua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-07-2026 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Bhabhua P.S. Case No. 492 of 2011 for the offence under sections 406 and 420 of the Indian Penal Code lodged on 04.12.2011 by the informant, Nitohar Ram.

3. As per the prosecution story, the informant alleged that her wife had fallen from the roof top of the home and was injured. They wanted to take her to the Banaras Hindu University and Hospital but the ambulance driver (petitioner herein) took her to a private nursing home where she succumbed to the injuries. Later, despite depositing some amount, the administration refused to hand over the dead body for want of money. As the petitioner was the person who took them to the private nursing home, the FIR.

Patna High Court CR. MISC. No.37671 of 2026(2) dt.01-07-2026 2/2

4. Though learned counsel for the petitioner tried to impress upon this Court about his innocence, learned APP, Mr. Jitendra Kumar Singh submits that it was the petitioner who diverted the vehicle to the private nursing home instead of BHU, the lady succumbed to the injuries and the dead body was not handed over. Further, he approached the learned Sessions Court in the year 2018, the anticipatory bail was rejected but he choose neither to approach the Patna High Court nor surrendered and once again, in the year 2026, went before the learned Sessions Judge, Kaimur at Bhabhua which was rightly rejected.

5. Taking into account the submissions of the parties, no relief can be extended to the petitioner.

6. The anticipatory bail application stands rejected.

7. If, however, the petitioner surrenders within four weeks, the concerned Court shall take up the matter and dispose it of preferably on the same day.

(Rajiv Roy, J) Adnan/- U T