Chhotelal Purwe v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69288 of 2021 Arising Out of PS. Case No.-76 Year-2021 Thana- RANIGANJ District- Araria ====================================================== Chhotelal Purwe Son of Jai Narayan Purwe Resident of Village - Kala Balua, P.S.- Raniganj, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-05-2022 Heard learned counsel for the parties.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in custody in connection with S.T. No. 180 of 2021 arising out of Raniganj P.S. Case No. 76 of 2021 registered under Section 304 of the Indian Penal Code. The allegation by the informant is that his minor grand son suddenly fell ill with high fever and the petitioner, who is not a doctor but claims himself to be the medical practitioner injected one after another seven injections. As a result, the condition of his grandson deteriorated and thereafter he died.
Learned counsel for the petitioner submits that in good faith and to cure the grandson of the informant he gave
Patna High Court CR. MISC. No.69288 of 2021(2) dt.23-05-2022 2/3 injection and had no ill intention for the unfortunate incident. He further submits that for the same, he has been in jail since 13.04.2021 and has clean antecedent.
Considering the aforesaid facts that the petitioner has criminal antecedent, he is in jail since 13.04.2021 and charge sheet has been submitted, this court is inclined to grant him the privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned District and Sessions Judge, Araria in connection with S.T. No. 180 of 2021 arising out of Raniganj P.S. Case No. 76 of 2021, subject to the following conditions.
(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which
Patna High Court CR. MISC. No.69288 of 2021(2) dt.23-05-2022 3/3 the State shall be at liberty to take steps for cancellation of his bail bonds.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Jagdish/- U T