Sanni Kumar @ Ashish Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3419 of 2025 Arising Out of PS. Case No.-134 Year-2024 Thana- KAHALGAON District- Bhagalpur ====================================================== Sanni Kumar @ Ashish Kumar Gupta S/o- Ram Prakash Gupta VillageBanmankhi Rajhat P.S.- Banmankhi District- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Upadhyaya, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-04-2025 Heard the parties.

2. The petitioner is in custody in connection with Kahalgaon P.S. Case No. 134 of 2024 for the offence punishable under sections 302, 328, 342 and 34 of the Indian Penal Code lodged on 22.02.2024 by the informant, Nagendra Kumar Sah.

3. As per the prosecution story, the informant alleged that his daughter was getting training at an A.N.M. Institute and on 21.02.2024, allegation is that she was served the food which was laced with poison, was drinking water repeatedly and vomiting, was taken to the hospital where she breath her last. The allegation is also against the Principal and the Hospital Staff where ultimately she was rushed to. This led to the FIR.

4. In this case, case diary, postmortem report as also the FSL reports were called for which are on record.

5. Learned counsel for the petitioner submits that he being a servant in the said A.N.M. Institute, used to serve the food,

Patna High Court CR. MISC. No.3419 of 2025(3) dt.19-04-2025 2/2 is not a cook and as such, had no role to play in putting any poison in the food of the girl (deceased).

6. Learned APP on the other hand has taken this Court to the statement of the parents as also the two roommates to show that after taking the food, she continuously complained that this petitioner has given her the food which was not good and she was restlessly drinking water, ultimately was shifted to hospital and died.

7. The FSL report shows that Sulphas was found in the body of the deceased.

8. Considering the allegation that has come against the petitioner and his role which is corroborated by her two roommates as also the parents coupled with the fact that the incident took place in the month of February 2024 but he finally went into judicial custody seven months later in the month of September 2024, for the present, this Court is not inclined to extend him the privilege of bail which is accordingly rejected.

9. The present bail application stands rejected. (Rajiv Roy, J) Adnan/- U T