Dr. Nand Kishore Mahto @ Dr. N. K. Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11012 of 2017 Arising Out of PS.Case No. -295 Year- 2015 Thana -BAKHTIYARPUR District- PATNA ====================================================== DR. NAND KISHORE MAHTO @ DR. N. K. MEHTA Son of Late Janmejay Mahto, Resident of 0/44 Doctor's Colony, P.O.- Lohiya Nagar, P.S.- Patrakar Nagar, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Syed Alamdar Hussain, Advocate Mr. Shashi Bhushan Kumar, Advocate Mrs. Arti Kumari, Advocate For the Opposite Party/s : Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-03-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 379, 289, 304A and 304 of the Indian Penal Code.

Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that he is a doctor and retired from P.M.C.H. in the year 2007. He has his own clinic at Doctor's Colony, Kankarbagh, Patna. One furore took place due to the death of the deceased in the hospital. The police made enquiry into the matter. One Dr. N. K. Mahto is named in the F.I.R. and petitioner is also known as Dr. Nand Kishore Mahto and, as such, he has moved this Court for anticipatory bail.

Patna High Court Cr.Misc. No.11012 of 2017 (3) dt.21-03-2017 2/2 Heard learned A.P.P. also.

Having heard both sides, in view of the fact that there is dispute with regard to actual name of the petitioner, as such at this stage, let petitioner above named surrender before the court below, i.e., A.C.J.M., Barh, in connection with Bakhatiyarpur P. S. Case no. 295 of 2015 and the court below will release the petitioner on bail on furnishing bail bond of Rs.25,000/- (Twentyfive thousand only) with two sureties of the like amount each to its satisfaction subject to the conditions that (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the investigation and make himself available before the police as and when required. (3) after submission of chargesheet if any incriminating material comes against the petitioner, the prosecution will be at liberty to move for cancellation of petitioner's bail bond.

Accordingly, this application is allowed.

(Vinod Kumar Sinha, J) sudip/- U T