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Patna High CourtCR. MISC./45547/2023bail granted

Munna Kumar Singh v. The State Of Bihar

2023-07-28Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45547 of 2023 Arising Out of PS. Case No.-180 Year-2023 Thana- KHAIRA District- Saran ====================================================== MUNNA KUMAR SINGH, aged about 46 years, Male S/o- LATE HARIBANSH SINGH, R/o Village- Chhitrauli Ps- Khaira Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Advocate Mr.Dhananjaya Nath Tiwari, Advocate Mr. Kumar Rajdeep, Advocate Ms. Diksha Kumari, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-07-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Khaira P.S. Case No. 180 of 2023 dated 21.05.2023 registered for the offence(s) punishable under Section(s) 188, 420, 465, 467, 471, 474 of the Indian Penal Code.

3. The main submissions advanced by the learned senior counsel for the petitioner are that petitioner has fair and clean antecedent and he is simply alleged to run medical clinic where the co-accused was found practising as an Orthopaedic and Neuro Specialist without having valid licence but against this petitioner there is no allegation of having practised as a doctor showing himself having a valid licence to practise as a doctor so he has not violated any terms and conditions of drugs

Patna High Court CR. MISC. No.45547 of 2023(2) dt.28-07-2023 2/2 licence or any provisions of Drugs and Cosmetic Act, in fact petitioner is a chemist having proper licence to run the alleged clinic and the alleged offences punishable under Sections 188, 420, 465, 471 and 474 of IPC are not applicable and he has been languishing in jail since 21.05.2023 and against him, the investigation has been completed. Further submission is that as per FIR, there is no details of any person who has alleged to be victim of the alleged medical treatment given by the fake doctors mentioned in the FIR.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly petitioner's fair and clean antecedent, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Khaira P.S. Case No. 180 of 2023 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T