Prahlad Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3853 of 2024 Arising Out of PS. Case No.-184 Year-2023 Thana- BHAWANIPUR District- Purnia ====================================================== Prahlad Kumar S/O Chandeshwari Sharma VILLAGE- RAGHUNATHPUR, WARD NO. 2, PS. BHAWANIPUR, DIST. PURNIA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Jha For the Opposite Party/s :
Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 143, 147, 149, 188, 341, 323, 325, 333, 353, 307, 427, 379, 504 and 506 of the Indian Penal Code and Section 3/4 of the Bihar Medical Services Institution & Person Protection Act.
3. As per allegation in the FIR, a lady was brought for delivery in a Community Health Centre from where she was referred to GMCH, Purnea. But the lady died and her dead body was brought to that Community Health Centre and thereafter, the petitioner and other co-accused named in the F.I.R. along with 70-80 unknown person assembled at that Community Health Centre and damaged the property and assaulted the
Patna High Court CR. MISC. No.3853 of 2024(2) dt.01-02-2024 2/3 informant doctor causing a number of injuries on his head and snatched gold chain and took away Rs. 2,500/- from his pocket.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. General and omnibus allegation has been levelled against all the F.I.R. named accused persons including petitioner. No specific overt act has been attributed against the petitioner. He has no concern with deceased and her family members. Similarly situated co-accused Pankaj Kumar Gupta has already been enlarged on bail bythis Court vide order dated 2.1.2024 passed in Cr. Misc. No. 83170 of 2023. Petitioner is languishing in judicial custody since 25.07.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 4th Additional District & Sessions
Patna High Court CR. MISC. No.3853 of 2024(2) dt.01-02-2024 3/3 Judge Purnea/concerned Court in connection with Bhawanipur P.S. Case No.184 of 2023.
(Sunil Kumar Panwar, J) Amandeep/- U T