Partly allowed

Sanjeev Kumar Mishra v. The State of Bihar

Patna HC1 Dec 2021CR. MISC./83410/2019

Case brief

AI extract

What is this about?

The court allowed the petitioner's anticipatory bail application in a case involving offences under Sections 147/148/149/341/323/225 IPC and Section 27 Arms Act, arising from a land dispute. The court also directed the Medical Officer to submit a pending injury report.

What did the court decide?

Petitioner released on bail; Medical Officer directed to submit injury report within two weeks; Health Department directed to issue circulars on injury report submission.

Sanjeev Kumar Mishra Vs The State of Bihar — Medical Negligence | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83410 of 2019

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Arising Out of PS. Case No.-265 Year-2019 Thana- SAKRA District- Muzaffarpur

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======================================================

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SANJEEV KUMAR MISHRA Son of Hari Kishor Mishra Resident of Village - Itaha Rasulpur, P.S.- Sakra, District- Muzaffarpur

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dr. Bipin Chandra For the Opposite Party/s : Mr.Nityanand Mr. Jharkhandi Upadhyaya, Incharge APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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8 01-12-2021

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Supplementary affidavit filed by the petitioner is taken on record.

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Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State.

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The petitioner apprehends his arrest in connection with Sakra P.S. Case No. 265/19 registered for the offences punishable under Sections 147/148/149/341/323/225 of the Indian Penal Code and Section 27 of the Arms Act.

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It is submitted by learned counsel for the petitioner that the occurrence took place because of the Title Appeal of the persecution was dismissed one day before the date of occurrence.

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Considering the aforesaid fact of land dispute and the reaction of the informant after losing the case entered into a

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Patna High Court CR. MISC. No.83410 of 2019(8) dt.01-12-2021 2/3

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fight with the petitioner, the present anticipatory bail application is allowed.

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Accordingly, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM 4^th , Muzaffarpur, in connection with Sakra P.S. Case No. 265/19, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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From the case diary, it appears that final injury report has not been issued by the Medical Officer (In-charge), P.H.C., Sakra, Muzaffarpur. saying that the same cannot be issued as the doctor who had examined the informant has been transferred.

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This act of the Medical Officer (In-charge), P.H.C., Sakra, is not acceptable to the Court.

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Once a person has been treated in a health centre, his injury report has to be issued by the doctor who has treated him even if he has been transferred and it is the duty of the Medical Officer (In-charge) to get the report from the doctor who had treated the informant.

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In that view of the matter, the Medical Officer (In-

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Patna High Court CR. MISC. No.83410 of 2019(8) dt.01-12-2021 3/3

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charge), P.H.C., Sakra, Muzaffarpur, is directed to submit the medical report in this case within in two weeks from today and submit an explanation to this Court with regard to his lapses.

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Let a copy of the order be communicated to the Principal Secretary, Health Department, Government of Bihar, for compliance.

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The Principal Secretary, Health Department, is directed to issue necessary directions in this regard that the doctors who have treated the injured in a medico legal case must furnish the medical report/injury report even if they are transferred to some other medical centre and transfer of a doctor to any other place is no ground for non-submission of medical report/injury report.

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Put up this case on 15.12.2021 under the heading ‘To Be Mentioned’ for perusal and consideration of the aforesaid report.

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Saif/- U T

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(Sandeep Kumar, J)

Sanjeev Kumar Mishra v. The State of Bihar

Case brief

What is this about?

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Sanjeev Kumar Mishra v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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