Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59293 of 2025 Arising Out of PS. Case No.-138 Year-2024 Thana- KHODAWANDPUR District- Begusarai ====================================================== Amit Kumar Son of Tilkeshwar Rai R/O Village- Hetimpur, Koncha, P.S.- Vidyapati Nagar, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uma Shankar Singh, Sr. Adv.

Mr. Dilip Kumar Roy, Adv.

Ms. Rekha Ranjan Prasad, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Khodawandpur P.S. Case No. 138 of 2024 registered on 05.11.2024 for the offences under Sections 106(1) and 3(5) of the BNS.

3. As per prosecution case, informant got admitted his wife in Raj Nandani Hospital, Meghaul for delivery where she gave birth to a girl child on 03.11.2024 and thereafter on 05.11.2024, the wife of the informant died. The informant claims that his wife died due to negligence of doctor and management of the hospital.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been

Patna High Court CR. MISC. No.59293 of 2025(2) dt.27-08-2025 2/3 falsely implicated in this case. Petitioner is neither the owner nor the doctor in the said hospital and the petitioner has no role in the hospital for treatment of any patient. The petitioner never participated in any operation as alleged nor he has any experience for conducting the operation. Petitioner is in custody since 22.05.2025 and charge-sheet has been submitted. Petitioner is having clean antecedent.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague and doubtful nature of allegation and also considering the period of custody of the petitioner along with his clean antecedent and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned SDJM, Manjhaul, Begusarai/concerned court in connection with Khodawandpur P.S. Case No. 138 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close

Patna High Court CR. MISC. No.59293 of 2025(2) dt.27-08-2025 3/3 relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T