Madhu Clinic Dr. Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21767 of 2024 Arising Out of PS. Case No.-228 Year-2023 Thana- GURUA District- Gaya ====================================================== MADHU CLINIC DR. ANIL KUMAR S/O RAM TILAK PRASAD R/O VILLAGE- SRI RAM BIGHA, P.S- GURUA, DISTT.- GAYA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 419, 420, 467, 468, 34 of the IPC and 5.15 (3) of the Indian Medical Council Act. 3.

Allegedly, F.I.R. has been lodged against 18 illegal nursing homes and 7 pathology centres alleging that the doctors are doing practice illegally without having registration certificates and qualifications.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is a Doctor and there is no compliance of the order of the Apex Court as held in the case of Jacob Mathew vs. The State of Punjab and

Patna High Court CR. MISC. No.21767 of 2024(2) dt.20-03-2024 2/2 Anr. as reported in (2005) 6 SCC 1 in lodging the F.I.R. It is further submitted that there is no specific overt act against the petitioner and similarly situated co-accused has been granted anticipatory bail by this Court in Cr. Misc. No.84708 of 2023 dated 15.01.2024. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Gurua P.S. Case No.228 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T