Patna High CourtCR. MISC./26767/2018bail granted

Shiv Pujan Kumar @ Dr. Shiv Pujan Kumar v. The State Of Bihar

2018-05-04Mr. Justice Shivaji Pandey2 pages

Patna High Court Cr.Misc. No.26767 of 2018 (2) dt.04-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26767 of 2018 Arising Out of PS.Case No. -115 Year- 2017 Thana -TIKAPATTI District- PURNIA ======================================================

1. SHIV PUJAN KUMAR @ DR. SHIV PUJAN KUMAR, wrongly in F.I.R. shown as Dr. Shiv Pujan Kumar, son of Ram Yash Mishra, Resident of Village- Dhanadhi, P.O. Majhaura, P.S. Sursand, District Sitamarhi at Present APHC Srimatta, P.S. Tikapatti, District Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Babita Kumari For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in a case instituted for the offences under Section 304 of the Indian Penal Code. Allegation has been made that on account of transmission of wrong medicine victim died. It has been alleged that the son of the informant was injected injection due to which his son became senseless. Thereafter the doctor referred him to another Hospital for better treatment. When they reached there, the doctor declared him as dead.

Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let

Patna High Court Cr.Misc. No.26767 of 2018 (2) dt.04-05-2018 petitioner, namely, Shiv Pujan Kumar @ Dr. Shiv Pujan Kumar, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Purnea in connection with Tikapatti P.S. Case No.115 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that if the petitioners will not co-operate during course of investigation and join for interrogation the police will be at liberty to file an application for cancellation of bail.

(Shivaji Pandey, J) Vinay/- U T