Sumit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79557 of 2024 Arising Out of PS. Case No.-130 Year-2024 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Sumit Kumar S/O Hari Kishor Kumar R/o nasha Mukti Kendra ,Bhagalpur, P.S - Ishakchak Bhagalpur, Distt- Bhagalpur Bihar.Permanent adress- Tatma Toli,P.S- Maranga,Purnea, Dist.- Purnea, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijendra Kumar Singh For the Opposite Party/s :
Mrs.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 103, 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the younger brother of informant was admitted in Nasha Mukti Kendra, Bhagalpur by his wife on 25.06.2024 and it is alleged that on 01.07.2024, this petitioner informed her on mobile that her husband was admitted in Sadar Hospital. When family members went there, they saw the dead-body of brother of informant. The informant suspects that all the doctors and staff of Nasha Mukti Kendra killed younger brother of the informant.
Patna High Court CR. MISC. No.79557 of 2024(4) dt.27-02-2025 2/2
4. Learned counsel for the petitioner submits that informant is not eye-witness to the occurrence and only on suspicion, petitioner has been made accused. Petitioner is simply a staff of the Nasha Mukti Kendra. As a matter of fact, the deceased was suffering from several disease and he was chronic addict of liquor and while getting treatment in the said Nasha Mukti Kendra, he died. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the bail petition and submitted that this petitioner alongwith other accused persons committed murder of deceased. Inquest report and post-mortem report of the deceased go to show that the deceased died due to Haemorrhage and shock on account of injuries over chest and said injuries were caused by applying pressure by hard, heavy & blunt objects.
6. Considering the aforesaid facts and circumstances, the prayer for anticipatory bail of petitioner is rejected. (Prabhat Kumar Singh, J) anay U T