Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63568 of 2024 Arising Out of PS. Case No.-184 Year-2023 Thana- BHAWANIPUR District- Purnia ====================================================== Bittu Kumar Son of Late Rajaram Sah R/o Village- Raghunathpur, P.S.- Bhawanipur, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Bhawanipur P.S. Case No. 184 of 2023, S.T. No. 605 of 2023instituted under Sections 143, 147, 149, 188, 341, 323, 325, 333, 353, 307, 427, 379, 504, 506 of the Indian Penal Code and Section 3⁄4 of Bihar Medical Service Institution and Person Protection Act.
3. As per the prosecution case, F.I.R. named accused persons including the petitioner and 70 to 80 unknown persons are alleged to have committed mar-pit with the informant in the hospital and dismantled the hospital equipment for the reason that one Anshu Kumari was admitted in the hospital for delivery but her condition deteriorated and she was referred to GMCH, Purnea, but she died.
Patna High Court CR. MISC. No.63568 of 2024(2) dt.06-09-2024 2/3
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner. Allegation against the petitioner is general and omnibus. Date of occurrence is 23.07.2023 but he F.I.R. has been lodged on 24.07.2024. Similarly situated co-accused persons, namely, Amit Kumar and Brajesh Kumar, have been granted anticipatory bail vide order dated 05.04.2024 in Cr. Misc. No. 17948 of 2024 and Rudal Mandal @ Ashok Kumar Mandal has been granted anticipatory bail vide order dated 21.06.2024 in Cr. Misc. No. 29536 of 2024 by a Co-ordinate Bench of this Court. Petitioner undertakes to co-operate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Bhawanipur P.S. Case No. 184 of 2023, S.T. No. 605 of 2023,
Patna High Court CR. MISC. No.63568 of 2024(2) dt.06-09-2024 3/3 subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) rakhi/- U T