Brajesh Pandey @ Bablu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28856 of 2025 Arising Out of PS. Case No.-145 Year-2025 Thana- AMARPUR District- Banka ====================================================== Brajesh Pandey @ Bablu Pandey S/O late Diwakar Chandra Pandey R/O Vill.- Pawai, P.S.- Amarpur, Dist.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Amarpur P.S. Case No. 145 of 2025 instituted for the offences under Sections 25, 26, 319(2), 318(4), 338, 340(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 41(1)(2) of the Clinical Establishments (Registration and Regulation) Act, 2010.

3. Prosecution case, in short, is that, on 04.03.2025, during a raid conducted by SDO, Civil Surgeon and SDPO at village Pawai, one Priti Devi was found being administered I.V. infusion under the guidance of Babloo Pandey, petitioner herein, who had no valid medical qualification.

Patna High Court CR. MISC. No.28856 of 2025(3) dt.06-08-2025 2/3

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present casen and the allegations levelled against him are false and concocted. Learned counsel further submitted that petitioner was not running any clinic or hospital and there is no material to demonstrate that the patient was actually being treated at the said place and also the said place does not belong to the petitioner. Learned counsel further submitted that no injury has been caused to any person. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.03.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amarpur P.S. Case No. 145 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.28856 of 2025(3) dt.06-08-2025 3/3 the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T