Prayag Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64096 of 2021 Arising Out of PS. Case No.-476 Year-2021 Thana- BAGHA District- West Champaran ====================================================== PRAYAG PRASAD S/o Shyam Bihari Prasad R/o Village- Mangalpur, P.S.- Bagaha (Patkhauli), District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 419, 336 and 420 of the Indian Penal Code.

As per the prosecution case, on information having been received about an illegally run clinic, it is stated by the informant that he reached the clinic wherein it transpired that it was being administered by the petitioner. On enquiry the petitioner disclosed that he gives injection etc. as prescribed by the doctors in the prescription. On enquiry from the patients it is stated that they disclosed that they had come to get injections. It is further stated that it transpired that the petitioner was fleecing the poor patients.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.64096 of 2021(2) dt.18-04-2022 2/2 that the petitioner has been falsely implicated in the case. It is not the claim of the petitioner that he is a doctor or is examining patients but being a trained compounder he is only giving the medicines prescribed by the doctors in the prescription. The allegation of fleecing the poor patients is not even made out from the contents of the FIR. The petitioner is in custody since 14.9.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner not having any criminal antecedent and having remained in custody for 7 months, the Court directs the petitioner to be enlarged on bail in connection with Bagaha (Patkhauli) P.S. Case no. 476 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Bagaha, West Champaran.

(Partha Sarthy, J) Bibhash/- U