Basant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51481 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- MAIN P.S. District- Gaya ====================================================== BASANT KUMAR Son of Late Mahendra Singh Resident of Village - Samsara, P.S. - Men, (Paibigha O.P.), Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priya Ranjan For the Opposite Party/s :

Dr. Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 420, 467, 468, 471 and 34 of the Indian Penal Code and sections 15(2)(B)

(3) of Medical Act.

3. As per allegation in the FIR, petitioner runs a nursing home in which operation theater and medical store without a valid license was available. Operation upon the patients were also going on by the quack doctors.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No casualty has ever been taken place in the said nursing home. Wife of the petitioner possessed B.A.M.S. certicifate by Vinoba

Patna High Court CR. MISC. No.51481 of 2023(4) dt.07-11-2023 2/2 Bhave University, Hazaribagh. Petitioner is languishing in judicial custody since 2.6.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM IV, Gaya in connection with Men PS Case No. 69 of 2023. (Sunil Kumar Panwar, J) sushma/- U