Nawal Kishor Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52850 of 2022 Arising Out of PS. Case No.-56 Year-2022 Thana- ANGARGHAT District- Samastipur ====================================================== Nawal Kishor Prasad Singh Son Of Late Nand Lal Sharma R/O Vill.- Harpur, Rewari, P.S.- Angar Ghat, Dist.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. Arun Kumar Pandey Mr. Prashant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects, if any, within three weeks. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 304 of the Indian Penal Code.

Allegation against the petitioner is that he, without having any license of medical practitioner, gave wrong treatment to the son of the informant as a result he died. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is not a doctor and there was no evidence in the entire case of prosecution showing the fact that he has treated anyone. He submits that the petitioner is serving in the medical department even after retirement of

Patna High Court CR. MISC. No.52850 of 2022(4) dt.28-02-2023 2/2 contractual basis and posted in the Bibhutipur. He submits that the petitioner has done no wrong with the son of the informant. He submits that the son of the informant has been brought to the petitioner in the night and he only gave him a pill of pain killer after which the son of the informant went away to his house. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State and learned counsel for the informant oppose the prayer for bail and submit that the petitioner without having any license gave wrong treatment to the son of the informant.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Angarghat P.S. Case No. 56 of 2022. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T