This court allowed bail to the petitioner in a case involving an offence under Section 304 IPC. The petitioner claimed false implication and disability.
Petitioner named Dr. Rajesh Mahto directed to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7022 of 2023
Arising Out of PS. Case No.-45 Year-2022 Thana- AAYAR District- Bhojpur
======================================================
DR. RAJESH MAHTO @ RAJESH KUMAR S/O LATE RAM AYODHYA MAHTO @ RAM AYODHYA SINGH R/o- Ichari, P.S.- Aayar, DistrictBhojpur
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ravindra Kumar For the Opposite Party/s : Mr.Pramod Kumar Pandey ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
4 27-06-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under section 304 of the Indian Penal Code.
As per allegation in the FIR, petitioner has given an injection to informant’s son as a result of which he began to vomit and froth. Petitioner referred him Gadahani Hospital, Ara, where doctor declared him dead.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not a doctor and due to his 50% disability, he is unable to walk. He was not having any intention to commit nuisance. As
Patna High Court CR. MISC. No.7022 of 2023(4) dt.27-06-2023 2/2
per FSL Report, no metallic, alkaloidal, glycosidal, pesticidal and volatile poisons could be detected. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 11.10.2022.
The application for bail is opposed by learned APP for
the State.
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 ACJMVII, Bhojpur, Ara in connection with Aayar P.S. Case No. 45 of 2022.
(Sunil Kumar Panwar, J)
sushma/-
U
1 issue framed by the court
Whether the petitioner, falsely implicated and suffering from disability, should be enlarged on bail.
Dr. Rajesh Mahto @ Rajesh Kumar
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
