Allowed

Dr. Ajay Kumar @ Ajay Kumar Sharma v. The State of Bihar

Patna HC16 May 2023CR. MISC./3264/2023

Case brief

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What is this about?

Regular bail sought by a quack doctor accused under IPC sections including 302 after a patient died during treatment at his clinic. Considering the facts, absence of criminal antecedents and period in custody, the court enlarged him on bail.

What did the court decide?

Petitioner enlarged on bail on furnishing bail bond of Rs. 10,000 with two sureties of like amount to the satisfaction of CJM, Jamui.

Dr. Ajay Kumar @ Ajay Kumar Sharma Vs The State… — Murder and Culpable Homicide | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3264 of 2023

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Arising Out of PS. Case No.-15 Year-2020 Thana- KHAIRA District- Jamui

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

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DR. AJAY KUMAR @ AJAY KUMAR SHARMA SON OF NARESH SHARMA R/O VILLAGE- BINDWARA, P.S.- KASIMBAZAR, DISTRICTMUNGER

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shailendra Prasad For the Opposite Party/s : Mr.Mohammed Arif ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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3 16-05-2023

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner has prayed for bail in a case registered for the offence punishable under sections 406, 467, 302, 120B of the Indian Penal Code and further Sections 304, 420 and 468 of the IPC were added.

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As per allegation in the FIR, mother of the informant was suffering from stomach stone and on advice of co-accused Vishnu Dayal Yadav, he admitted his mother to the clinic of petitioner, who happens to be a quack doctor and was running a clinic on the basis of experience of compounder. During treatment, informant’s mother, namely, Rekha Devi died.

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It is submitted by learned counsel for the petitioner

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Patna High Court CR. MISC. No.3264 of 2023(3) dt.16-05-2023 2/2

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that petitioner has been falsely implicated in this case. There is no documentary evidence regarding treatment or admission of the deceased in the clinic. Petitioner has never conducted any operation on the body of the deceased. Nothing has come against the petitioner, save and except his confessional statement made before the police, which has no evidentiary value in the eye of law. Petitioner has no criminal antecedent and he is languishing in judicial custody since 8.9.2022.

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The application for bail is opposed by learned APP for

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the State.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 CJM, Jamui in connection with Khaira P.S. Case No. 15 of 2020.

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(Sunil Kumar Panwar, J)

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sushma/- U

Dr. Ajay Kumar @ Ajay Kumar Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dr. Ajay Kumar @ Ajay Kumar Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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