Pappu Kumar @ Dr. Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44803 of 2024 Arising Out of PS. Case No.-213 Year-2022 Thana- KURSAILA District- Katihar ====================================================== Pappu Kumar @ Dr. Gaurav Kumar S/O Satendra Das R/O VillageSahdullahpur Dhobauli, P.S- Bidupur Bazar, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-10-2024 Heard Mr. Navin Kumar, learned counsel for the petitioner, Mrs. Renu Kumari, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Kursela P.S. Case No. 213 of 2022, instituted for the offences punishable under Section 304 of the Indian Penal Code.

3. The prosecution case, in short, is that, wife of the informant was admitted in Ganpati hospital for delivery of child and after giving birth she became senseless and the informant was told that she will regain her sense after 2-3 hours. In the meantime all staffs including the doctor fled away from the spot, thereafter the informant found his wife dead having entered the hospital.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.44803 of 2024(5) dt.26-10-2024 2/2 petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that the petitioner is an unauthorised doctor and also runs an unauthorised clinic. It is further submitted that there was no any intention of the petitioner to commit culpable homicide not amounting to murder. The petitioner is in custody since 25.01.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Kursela P.S. Case No. 213 of 2022 (Rudra Prakash Mishra, J) Rajorshi/- U T