Patna High CourtCR. MISC./13963/2016bail granted

Jamadar Mahto v. The State Of Bihar

2016-04-01Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13963 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -KUTUMBA District- AURANGABAD ====================================================== Jamadar Mahto S/o Ramji Mahto, resident of Village- Piraunta, P.S.- Jamhore, District- Aurangabad.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Nand Kishore Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Kutumba P. S. Case No. 02 of 2016 registered under Sections 419, 420, 427, 307, 324, 326 and 120-B of the Indian Penal Code.

It has been contended by learned counsel for the petitioner that from perusal of the FIR it would be evident that the occurrence took place six months prior to the date of lodging the FIR. The seizure-list would show that the informant was treated at Saraswati Nursing Home in between 11.09.2011 and 12.09.2011. It would be evident from the prescriptions that

Patna High Court Cr.Misc. No.13963 of 2016 (2) dt.01-04-2016 2/2 no surgery was performed in the clinic and the informant was referred to PMCH, Patna for surgery. It has been also contended that the petitioner is alleged to be the compounder who has nothing to do with the treatment made by different doctors at different places.

Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioner. Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in Kutumba P. S. Case No. 2 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Kanchan/- U T