Nandu Yadav @ Nand Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24734 of 2023 Arising Out of PS. Case No.-251 Year-2022 Thana- TILAUTHU District- Rohtas ====================================================== Nandu Yadav @ Nand Kumar Yadav S/O- Deonandan Yadav @ Deonandan Singh Village- Ropahatna Ps- Anijhor At Present Village And Ps- Tilauthu Dist- Rohtas ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Harendra Kumar Singh For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 308, 418, 419, 420 of the IPC and Section 40, 41 of the Clinical Establishment Registration and Regulation Act. As per FIR, the allegation against the petitioner is that he conducted the operation of the informant's wife for removal of her cancer organ but when the informant took to another doctor for treatment it was found that the informant's wife has no cancer problem after that informant

Patna High Court CR. MISC. No.24734 of 2023(2) dt.22-05-2023 2/3 lodged this case against the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no any clinic nor he is a practicing doctor rather the petitioner has given twenty thousand rupees to the informant for treatment of her wife and when the petitioner demanded his due informant and other assaulted him. He has got no criminal antecedent. As per Annexure-2, good sense has been prevailed between the parties. It is further submitted that the petitioner is languishing in judicial custody since 30.01.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Tilauthu P.S. Case No. 251 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.24734 of 2023(2) dt.22-05-2023 3/3 amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Dehri-on-Sone, Rohtas. (Sunil Kumar Panwar, J) Manishkumar/- U T