Gautam @ Pritam Kumar @ Goutam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61950 of 2023 Arising Out of PS. Case No.-741 Year-2019 Thana- BANKA District- Banka ====================================================== Gautam @ Pritam Kumar @ Goutam S/O Shival Panjiyara @ Shiv Shankar Panjiyara R/O Village- Purani Lahita, Post- Samukhiya, P.S- Banka, Distt.- Banka, Bihar- 813102.

... ... Petitioner/S

Versus

The State Of Bihar Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304, 34, of the Indian Penal Code.

As per prosecution case, the petitioner along with one Medical shopkeeper checked up the informant's grand daughter, who was suffering from cough and cold and she was given an injection due to which she died.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is a compounder and he has falsely been implicated in this case. It is submitted that the informant herself admitted

Patna High Court CR. MISC. No.61950 of 2023(2) dt.15-09-2023 2/2 that the check up was done by the shopkeeper, namely, Abhay Kumar Singh and also the medicine was handed over to the petitioner by him after consulation of doctor and the petitioner has only done his duty. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 04.07.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Banka P.S. Case No. 741 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) Manishkumar/- U T