Praveen Kumar @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78666 of 2023 Arising Out of PS. Case No.-139 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

Praveen Kumar @ Pawan Kumar S/O Sri Deep Narayan Ram R/O VillagePurani Sahar, Ward No. 3, Ambedkar Nagar, P.S- Daud Nagar, Distt.- Aurangabad (BIHAR).

2.

Koel Ram @ Kameshwar Ram @ Kael Ram S/O Jalali Ram @ Jilani Ram R/O Village- Purani Sahar, Ward No. 3, Ambedkar Nagar, P.S- Daud Nagar, Distt.- Aurangabad (BIHAR).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13 Mr. Rohit Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 353, 307, 332, 333, 427, 354, 504 of the Indian Penal Code.

3. As per prosecution case, it is alleged that all the accused persons named in the FIR including the petitioners along with 40-50 other persons entered the cabin of the doctor and assaulted him and the P.H.C. staff and even damaged the office of the hospital.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.78666 of 2023(2) dt.11-12-2023 2/3 the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that the petitioners are not belong to the family of the deceased, who died due to negligence of the doctor. He submits that similarly situated co-accused has already been granted bail by coordinate Bench of this Court vide order dated 05.07.2022 and 09.11.2023 and passed in Cr. Misc. No. 57052 of 2021 and Cr. Misc. No. 72939 of 2023 respectively. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Daudnagar P.S. Case No. 139 of 2021,

Patna High Court CR. MISC. No.78666 of 2023(2) dt.11-12-2023 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T