Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.633 of 2019 Arising Out of PS. Case No.-266 Year-2018 Thana- ATRI District- Gaya ====================================================== Sanjeet Kumar Son of Ramnandan Paswan @ Ramanand Paswan Resident of Village- Nrawat, Police station- Atri, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate, Mr. Syed Asgher Najmi For the Opposite Party/s :

Mr.Sri Anish Chandra For the informant :

Mr. Shailesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case instituted for the offences under Sections 304/34 of the Indian Penal Code in which Section 302 IPC was added later on.

The prosecution case in short is that the accused person, on the pretext of calling doctor from outside, himself operated the sister of the informant due to which she died in the hospital.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 4.8.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Chargesheet has been submitted in the present case. The petitioner is

Patna High Court CR. MISC. No.633 of 2019(6) dt.01-05-2019 2/2 made accused due to mistake of fact. There is no substantive evidence to suggest his implication in the present case. It is further submitted that the petitioner is ready to deposit a sum of Rs. One lakh in the court below which will be subject to the final disposal of the case. The petitioner further undertakes that he will cooperate during the trial.

On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, on deposit of a sum of Rs. One lakh in the Court below which will be subject to final disposal of the cas e , it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Atri P.S. Case No. 266/2018.

(Sudhir Singh, J) Pankaj/- U T