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Patna High CourtCR. MISC./29923/2014bail granted

Rajeev Kumar Ranjan v. The State Of Bihar

2015-01-16Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29923 of 2014 Arising Out of PS.Case No. -72 Year- 2014 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Rajeev Kumar Ranjan Son of Nathuni Prasad Resident of Village - Riuni Bagh, P.S. - Bettiah (Town), Distt. - West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Murlidhar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-01-2015 Heard the parties.

This is an application for anticipatory bail for the offence punishable under sections 269, 406, 419, 420, 467, 468, 471 and 120 (B) of the I.P.C and sections 15 (i)/15 (3) of Indian Medical Council Act.

Allegedly in a raid in shanti Health Care it was told that the petitioner was running the said Nursing Home and he was absent and it was found that untrained persons are engaged in operation and they were cheating the innocent persons. From Nursing Home photo copy of different certificates and prescription of doctor were also seized.

Submission is that the petitioner is O.T. Assistant

Patna High Court Cr.Misc. No.29923 of 2014 (2) dt.16-01-2015 2/2 having degree from the Bihar Para Medical/Para Dental Examination Committee, Bihar, Patna and further in clinic Dr. Quamruzzaman who is M.D.MS used to perform all surgical works and the petitioner works as only Assistant. The petitioner has also got degree from the State Electro Homeopathic Medical Board and no untrained person is engaged in any operation. The learned A.P.P. opposes the prayer for pre-arrest bail.

In the facts and circumstances as stated above, as nobody has come forward to complain that untrained persons are conducting operation and as submitted, Dr. Quamruzzaman is performing all surgical work in the clinic of Shanti Health Care and as such the petitioner, in case of his arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Bettiah, West Champaran in connection with Bettiah (Town) P.S. Case No. 72 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T