Dr. Awadhesh Prasad @ Awadhesh Kishore Prasad @ Awadh Kishore Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.51724 of 2017 (2) dt.13-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51724 of 2017 Arising Out of PS.Case No. -226 Year- 2016 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ====================================================== Dr. Awadhesh Prasad @ Awadhesh Kishore Prasad @ Awadh Kishore Prasad, Son of Late Kameshwar Prasad, R/o Village- Dumrawan, P.S.- Deepnagar, District- Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 13.06.2017 in connection with Deepnagar P.S. Case No. 226 of 2016 for the alleged offences under Section 304 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the post mortem report does not disclose cut injury on the leg of the deceased as alleged in the FIR.

4. A perusal of the order of the learned 1st Additional Sessions Judge discloses that according to the case dairy, the witnesses have supported the prosecution case. The body of the deceased was recovered from the front side of the petitioner's clinic. The Doctor conducted the post mortem has opined that the

Patna High Court Cr.Misc. No.51724 of 2017 (2) dt.13-11-2017 death could be due to idiosyncrasy of drug.

4. Having regard to the nature of accusations and gravity of the offence alleged, this Court is not inclined to grant privilege of bail to the petitioner. The bail petition stands dismissed (Vikash Jain, J) Chandran/BT U T