Ujjawal Kumar Vishwass @ Ujjawal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68122 of 2024 Arising Out of PS. Case No.-195 Year-2023 Thana- RAMGARHWA District- East Champaran ====================================================== Ujjawal Kumar Vishwass @ Ujjawal Kumar Son of Harshit Vishwas Resident of Village - Bhayana, Purvapara, P.S. -Hanskhali, District - Nadia, State - West Bengal, At present Village - Champapur, P.S. - Ramgarhwa, District - East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-10-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Ramgarhwa P.S. Case No.195 of 2023 registered for the offence punishable under Sections 304 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is in custody since 18.07.2024 and is a person with clean antecedent and the informant alleges that her daughter-inlaw was suffering from illness and as such she was brought to the clinic of the petitioner but the petitioner instead of giving any medicine gave injection to the victim, on account of which, she died at the spot.

Patna High Court CR. MISC. No.68122 of 2024(2) dt.25-10-2024 2/2

4. The learned counsel for the petitioner submits that petitioner is a registered practitioner bearing Registration No. BAM/81567, Certificate No.BAM/9476 issued by the Indian Council of Paramedical Societies, West Bengal dated 02.02.2018. It is also submitted that petitioner did not give any injection to the victim but has been falsely implicated in the instant case by the informant.

4. Learned A.P.P. opposes the prayer for bail of the petitioner and submits that it absolutely does not stand to reason that as to why the informant would falsely implicate the petitioner, when her daughter-in-law died. It is also submitted that no person would try to implicate a person, who is not involved in the occurrence. It is also submitted that from the certificate, as disclosed at Para-14 of the bail application, it would manifest that petitioner is not a M.B.B.S. doctor, as such, was not competent to give injection.

5. Considering the submissions made by the learned APP, the Court is not inclined to release the petitioner on bail.

6. The regular bail application of the petitioner is rejected.

(Satyavrat Verma, J) amit/- U T