Dr. Md. Irshad Alam v. The State Of Bihar Through The Vigilance, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8917 of 2017 Arising Out of PS.Case No. -401 Year- 2014 Thana -SAKRA District- MUZAFFARPUR ====================================================== Dr. Md. Irshad Alam, son of Late Abdul Quayem Ansari, resident of Narga, P.S.-Nathnagar, District-Bhagalpur, at present Medical Officer, Incharge, Referal Hospital, Sakra, P.S.-Sakra, District-Muzaffarpur .... .... Petitioner/s

Versus

The State of Bihar Through The Vigilance, Bihar, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Ramakant Sharma(L.O.,Inc.,Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioner, Vigilance and the State.

The petitioner apprehends his arrest in Sakra P.S. Case No. 401 of 2014 instituted for the offence under Section (s) 13/14 of the Corruption Act.

It has been submitted that the informant has levelled vague allegation against the petitioner that he charged Rs. 200 to 250 for giving pathological report. The informant has not mentioned in the written report any supporting evidence that the aforesaid amount was charged by the petitioner. Learned counsel for the Vigilance opposed the prayer for bail of the petitioner.

From the written report, it appears that there is allegation against this petitioner that he being the Medical Officer,

Patna High Court Cr.Misc. No.8917 of 2017 (2) dt.28-02-2017 2/2 Sakra Referral Hospital, took illegal money from each patient amounting to Rs. 200 to 250 for providing pathological report. It has further been submitted on behalf of the petitioner that there was no pathological centre running in the aforesaid hospital.

From the written report itself, it appears that mere vague allegation has been levelled as there is no any allegation that the aforesaid amount was charged to anybody or informant was ever asked to give the money.

In the facts and circumstances of the case, the prayer of the petitioner for anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, above named, within six weeks from today in connection with Sakra P.S. Case No. 401 of 2014, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, North Bihar, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Priya, J) Shageer/- U T