Dr. Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11320 of 2024 Arising Out of PS. Case No.-301 Year-2023 Thana- CHHAURADANO District- East Champaran ====================================================== Dr. Vivek Kumar S/O SAKALDEV THAKUR VILLAGE- SHREEPUR, PS.- CHHAURADANO, DIST. EAST CHAMPARAN.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhurendra Kumar , Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 420, 467, 468 , 471 and 308 of the Indian Penal Code.

3. Petitioner is alleged to have been running illegal nursing home at Chhauradano without registration and valid certificate/license .

4. It is submitted that he is bonafide doctor having passed BAMS degree from the recognized institute and the State of Council of Ayurvedic and Unani Medicine Bihar, Patna issued registration certificate on

Patna High Court CR. MISC. No.11320 of 2024(2) dt.22-02-2024 2/3 the basis of BAMS degree of the petitioner vide its Reg. No. 2861 dated 08.09.2021. It is further submitted that the petitioner was not running a nursing home rather it is a private clinic named as S.D. Health Center where in a room, one bed is for patient and for that no documents are required and necessary for nursing home. Petitioner neither cheated anyone nor earns money illegally, as such no offense under sections 420, 467, 468, 471 and 308 is made out against him. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Raxaul, Motihari, East Champaran in connection with Chhauradano P.S. case No. 301 of 2023 ,

Patna High Court CR. MISC. No.11320 of 2024(2) dt.22-02-2024 3/3 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Koushik/- U T