Dr. Sanjeev Kumar @ Sanjeev Kumar @ Bhukho Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56592 of 2022 Arising Out of PS. Case No.-394 Year-2021 Thana- BALIYA District- Begusarai ====================================================== DR. SANJEEV KUMAR @ SANJEEV KUMAR @ BHUKHO YADAV Son of Jayant Yadav R/V- Awash Board, Khagaria, P.S- Khagaria, Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is not a doctor, rather, he is a Compounder in nursing home of Dr. Amod, it is next submitted that merely because petitioner is Compounder of Dr. Amod and the death took place in the nursing home, as such, he also came to be implicated. Learned counsel further submits that in the anticipatory bail application, he addressed the petitioner as doctor because in the F.I.R., the petitioner has been made an accused by the name of Dr. Sanjeev Kumar which, further, demonstrates that how police, in a mechanical manner,

Patna High Court CR. MISC. No.56592 of 2022(2) dt.07-12-2022 2/2 investigate, it is next submitted that the informant realizing his mistake has filed a compromise petition before the learned Trial Court as would be evident from Annexure 2. It is next submitted that similarly situated co-accused Dilip Kumar was granted anticipatory bail by order dated 11.08.2022 in Criminal Misc. No. 23803 of 2022.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ballia P.S. Case No. 394 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T