Mithilesh Kumar Singh @ Mithlesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49430 of 2023 Arising Out of PS. Case No.-180 Year-2023 Thana- KHAIRA District- Saran ====================================================== MITHILESH KUMAR SINGH @ MITHLESH KUMAR SINGH Son of Kamla Singh @ Kamla Prasad Singh Resident of village - Badalpura, P.S. - Doriganj, Distt. - Saran at Chapra ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-08-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
2. The petitioner seeks bail in connection with Khaira P.S. Case No. 180 of 2023 registered for the offence under Sections 188, 420/34 of the Indian Penal Code.
3. The accused/petitioner is named in the F.I.R. and is in custody since 22.05.2023.
4. The allegation against the petitioner is to cheat public at large by presenting himself as a doctor alongwith other coaccused persons by running a fake nursing home.
5. Learned counsel appearing on behalf of the petitioner submitted that petitioner was the employer of 'Khushi Medical Store/clinic', where after obtaining a vocational certificate, petitioner was working as a community health service provider and out of said impression, he was falsely implicated with present
Patna High Court CR. MISC. No.49430 of 2023(2) dt.07-08-2023 2/2 case, as he was working over there as a doctor. It is submitted that similarly situated co-accused person, namely, Munna Kumar Singh has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 45547 of 2023 vide order dated 28.07.2023. While travelling over the argument learned counsel submitted that there is no private complainant in this case. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent.
6. Learned APP opposes the prayer of bail.
7. Considering the facts and circumstances as mentioned above and by taking note of nature of allegation, where petitioner is a man of clean antecedent and is in custody since 22.05.2023, accordingly, above named petitioner is directed to be released on bail in connection with Khaira P.S. Case No. 180 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Saran at Chapra/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.
(Chandra Shekhar Jha, J) pooja/- U T