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Patna High CourtCR. MISC./44931/2022allowed

Dr. Prabhat Kumar Singh v. The State Of Bihar

2022-12-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 44931 of 2022 Arising Out of PS. Case No.-1555 Year-2014 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Dr. Prabhat Kumar Singh Son Of Late Shiv Pujan Singh Resident Of Gayatri Seva Sadan, Police Station- Khizersarai And District - Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Binod Kumar Son of Jamuna Yadav Resident of Village - Shyam Nagar, Police Station- Khizersarai and District - Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No.2, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 326 and 338 of the Indian Penal Code.

Petitioner is said to have committed medical evidence due to which the son of the informant suffered irreparable loss. It is also alleged in the F.I.R. that informant cheated and extorted more than 40,000 from him.

Patna High Court CR. MISC. No. 44931 of 2022(2) dt.01-12-2022 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner had given one primary treatment so no alleged negligence has been committed by the petitioner although, there is no evidence to prove any medical negligence and as such petitioner may be allowed anticipatory bail. He further submits that petitioner has one criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 1555 of 2014, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.