Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38471 of 2025 Arising Out of PS. Case No.-34 Year-2024 Thana- MAHNAR District- Vaishali ====================================================== Sudhir Kumar Son of Nand Kishore Ray Village- Lavapur PO- Mahnar PSMahnar District- Vaishali State Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Mahnar P.S. Case No. 34 of 2024 instituted for the offence under Sections 304, 313 & 34 of the Indian Penal Code. 3.

As per the prosecution case, FIR has been lodged against three named persons including the petitioner against whom there is allegation made by the In-charge Medical Officer that they used to do the abortion in connivance with other coaccused persons in result one Juli Devi died. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16-04-2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.38471 of 2025(2) dt.24-06-2025 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is named in the FIR. There is no specific allegation against the petitioner, rather allegation is general and omnibus in nature. Learned counsel for the petitioner submits that similarly situated co-accused has been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 14-05-2025, passed in Cr. Misc. No. 24088 of 2025. Police after completion of investigation has submitted charge sheet in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, charge sheet being submitted and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mahnar P.S. Case No. 34 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T