Sanjay Kumar Sharma @ Dr. Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26277 of 2020 Arising Out of PS. Case No.-158 Year-2019 Thana- AANDAR District- Siwan ====================================================== SANJAY KUMAR SHARMA @ DR. SANJAY KUMAR Son of Sudama Sharma Resident of Village - Kodaila, Siwan, P.S.- Andar, District - Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Kumar For the Opposite Party/s :
Mr. Uma Shankar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-11-2020 Heard the learned counsel for the petitioner and Uma Shankar Prasad, the learned A.P.P. appearing for the State. The petitioner apprehends his arrest in connection with Andar P.S. Case No. 158 of 2019 for the offence punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.
The allegation is regarding inspection having been made by the Inspecting team at the premises of Ashtha Child Health Care Centre and it was found that treatment was not being done as per the Ayush Department guidelines as also the said centre was not registered under the Bihar Clinical Establishment Act. It is alleged that one letter-head belonging to Dr. Sanjay Kumar and Dr. (Smt.) Sonam Kumari was also recovered from the said centre.
Patna High Court CR. MISC. No.26277 of 2020(3) dt.25-11-2020 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the petitioner's name is Sanjay Kumar Sharma whereas the letter head recovered by the Inspecting team belongs to one Sanjay Kumar. It is also submitted that the petitioner is not a doctor. The learned APP appearing for the State has vehemently opposed the prayer for anticipatory bail, made by the petitioner.
Having regard to the facts and circumstances of the case and taking into account the materials available on the case diary, this Court finds that miniscule evidence is available against the petitioner, hence, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail. Accordingly, in the event of arrest or surrender before the learned court below within a period of four weeks from today, the petitioner, above named, is directed to be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Siwan in connection with Andar P.S. Case No. 158 of 2019, subject to
Patna High Court CR. MISC. No.26277 of 2020(3) dt.25-11-2020 3/3 the conditions as laid down under Section 438(2) Cr. P.C. (Mohit Kumar Shah, J) Tiwary/- U T