Dablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71681 of 2021 Arising Out of PS. Case No.-765 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== 1.

DABLU KUMAR Son of Hari Lal Paswan Resident of village - Khaira Gadiya, P.S. - Narpatganj, District - Araria. 2.

Pappu Kumar Paswan Son of Vidyanand Paswan Resident of Forbesganj Near Shivmandir, P.S. - Forbesganj, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Forbesganj P.S. Case no. 765 of 2021 instituted for the offence punishable under Sections 188, 341, 323, 307, 353 and 34 of the Indian Penal Code and Section 3⁄4 of the Bihar Medical Service Protection Act.

As per allegation in the FIR, informant is a medical officer and while he was in emergency duty in hospital, mother of the informant got admitted there with a complication of breathing problem and after five minutes she died. Upon which several accused persons including the petitioner got agitated and started to abuse the

Patna High Court CR. MISC. No.71681 of 2021(3) dt.06-07-2022 2/2 informant and tore his shirt and injured his left hand,. They also assaulted the hospital staff.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. As per medical report, nature of injury is simple. After prevailing good sense, compromise has taken place, compromise petition is annexed to this petition as Annexure 2. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Forbesganj P.S. Case no. 765 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Araria subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U