Dr. Santosh Kumar v. The State Of Bihar Through The Vigilance Deptt., Govt. Of Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42477 of 2017 Arising Out of PS.Case No. -111 Year- 2016 Thana -VIGILANCE District- PATNA ====================================================== Dr. Santosh Kumar, aged about 60 years, Son of Shri Dharmnath Singh, Ro B- 301, Laxmi Apartment, New Chitragupta Nagar, P.S.- Patrakar DistrictPatna. .... .... Petitioner/s
Versus
The State of Bihar Through The Vigilance Department., Govt. of Bihar, Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shambhu Narayan Singh For the Opposite Party/s : Mr. Rabindra Kumar (AC to Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends arrest in connection with Special Case No. 61 of 2016 arising out of Vigilance P.S. Case No. 111 of 2016 registered under Sections 408, 409, 420, 467, 471A, 120B of the Indian Penal Code and 13(2) r/w 13(1), (c),(d) of the P.C. Act.
Learned counsel appearing on behalf of the petitioner submits that the F.I.R. is lodged after lapse of 10 years of the alleged occurrence. Further submission is that petitioner is innocent and he has clean antecedent. There is no illegality or
Patna High Court Cr.Misc. No.42477 of 2017 (6) dt.16-11-2017 2/2 irregularity in purchasing the machine. It is further submitted that a committee of the Health Department gave its report to the effect that about seven and half thousand patients have successfully been examined through C.T. Scan machine provided by this petitioner. However, grievances, if any, can be redressed by approaching the Consumer Forum.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance-I, Patna in connection with Special Case No. 61 of 2016 arising out of Vigilance P.S. Case No. 111 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T