Shailesh Kumar @ Dr Shailesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42527 of 2025 Arising Out of PS. Case No.-580 Year-2023 Thana- PALIGANJ District- Patna ====================================================== Shailesh Kumar @ Dr Shailesh Kumar, S/o Ram Prasad Yadav, R/o VillageKarni Bigha, P.S.- Paras Bigha, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-08-2025 Heard Mr. Ashok Kumar Sinha, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.

2. The petitioner has prayed for bail in connection with Paliganj P.S. Case No. 580 of 2023 registered for the offence punishable under Sections 304/34 of the Indian Penal Code and Section 34(2)of National Medical Commission Act.

3. The case of the prosecution is that the grandson of the informant was admitted in the hospital of the petitioner where he died due to the insufficiency of the treatment. Petitioner is not a qualified M.B.B.S. doctor.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this

Patna High Court CR. MISC. No.42527 of 2025(3) dt.06-08-2025 2/2 case. It has further been submitted that no surgery was done rather some medication was given by him. He has also admitted that he is only a dresser not an M.B.B.S. doctor. It has also been submitted that due to intervention of some wellwishers, parties have compromised the case. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is in judicial custody since 16.04.2025.

5. The application for bail is vehemently opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Danapur, District-Patna in connection with Paliganj P.S. Case No. 580 of 2023. (Ashok Kumar Pandey, J) lata/- U T