Dr. Ashok Kumar @ Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32284 of 2022 Arising Out of PS. Case No.-84 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== Dr. Ashok Kumar @ Ashok Kumar Son of Vindhyeshwari Sharma Resident of Mohalla - Main Road, Girihinda, P.S.- Sheikhpura, District - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samir Kumar Mr. Saurav Kumar For the Informant :

Mr. Kaushalendra For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 7, 8, and 13 of the Prevention of Corruption Act.

As per the prosecution case, the informant has applied on behalf of her wife for license of Ultrasound. It is alleged that petitioner through his senior clerk Ram Shankar Singh demanded an amount of Rs. 1.5 lakhs as bribe from the informant for issuance of said license.

It is submitted that at the relevant time petitioner was Civil Surgeon. License is to be granted by a Committee comprising of seven persons including Civil Surgeon-cum-Chief Medical Officer. It is next submitted that the wife of informant

Patna High Court CR. MISC. No.32284 of 2022(4) dt.23-11-2022 2/2 was not having necessary qualification under the condition laid down in letter no. 147(12) dated 28.09.2018 whereby she did not possess any experience letter to run private clinic or Post Graduate in Radiology and she did not produce any certificate before the Committee at any point of time or during course of investigation by the police. Petitioner claims clean antecedent. Counsel for Informant however vehemently opposed the prayer for bail.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 Additional District & Sessions Judge I-cum-Special Judge, Vigilance, Bhagalpur in connection with Lakhisarai (Kawaiya) P.S. Case No. 84 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T