Yogendra Kumar Paswan @ Yogendra Kumar @ Dr. Yogendra Kumar @ Yogendra Paswan v. The State of Bihar
CR. MISC./84172/2024 · 2025-01-17
Rajesh Kumar Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 83102 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83102 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84172 of 2024 Arising Out of PS. Case No.-60 Year-2022 Thana- HASANPUR District- Samastipur ====================================================== Yogendra Kumar Paswan @ Yogendra Kumar @ Dr. Yogendra Kumar @ Yogendra Paswan Son of Shri Braj Kushore Paswan Resident of Muhallah Pokhariya ( ward no.35), P.S- Town, District- Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Sudha Ambastha, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 3 17-01-2025 Heard Mrs. Sudha Ambastha, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned APP for the State. 2. Petitioner seeks bail, who is in custody since 04.03.2023, in connection with Sessions Trial No. 537 of 2023 CIS No. 127 arising out of Hasanpur P.S. Case No. 60 of 2022, F.I.R. dated 04.03.2022 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. 3. The case relates to medical negligence where the wife of the informant is mistreated and she got her operated in womb whereas she was advised for treatment of lungs due to which she died during course of treatment. 4. Earlier the bail petition of the petitioner was rejected vide order dated 15.09.2023 passed in Cr. Misc. No. 47688 of 2023. 5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.84172 of 2024(3) dt.17-01-2025 2/2 petitioner has clean antecedent and he has been falsely implicated in the present case. She further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.. 6. Vide order dated 06.12.2024, a report was called for with regard to the present stage of the trial. The report of the learned Trial Court reveals that charge has been framed against the petitioner on 08.11.2023 and all five chargesheeted non official witnesses have been examined, cross-examined and discharged including the informant and the case is pending for the examination of Doctor and Investigating Officer. 7.
In view of the nature of allegation in the F.I.R. as well as report of the learned Trial court, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 537 of 2023, CIS No. 127 arising out of Hasanpur P.S. Case No. 60 of 2022 pending in the Court of learned Additional District & Sessions Judge-I, Rosera, Samastipur. 8. Prayer is refused. 9. However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. Ibrar//- (Rajesh Kumar Verma, J) U T