Arvind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28624 of 2024 Arising Out of PS. Case No.-688 Year-2023 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Arvind Kumar Singh S/O Sitaram Singh R/O Village- Saraiya, Makhdumpur, P.S- Makhdumpur, Distt- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under section 420 of the Indian Penal Code and Section 16(1) of the Bihar Clinical Establishments(Control and Regulation) Act, 2010.

3. As per the prosecution case, allegation against this petitioner is that he was illegally operating Arvind Hospital without having any valid papers.

4. Learned counsel for the petitioner submits that though the alleged raid was conducted on 28.10.2023 but FIR was lodged on 01.11.2023. It is further submitted that petitioner is proprietor of Arvind Hospital, Makhdumpur Jehanabad and for which he has valid papers and in support of the same he has

Patna High Court CR. MISC. No.28624 of 2024(2) dt.14-05-2024 2/2 annexed the documents vide Annexure 2 to 5 of the petition, and as such, there is no violation of Bihar Clinical Establishments(Control and Regulation) Act, 2010. He further submits that before the conduct of raid, no notice was served to the petitioner. Lastly, he submits that only with ulterior motive this present false and concocted case has been lodged against this petitioner. Petitioner claim clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I Jehanabad in connection with Makhdumpur P.S. case no. 688 of 2023 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Koushik/- U T