Ramesh Prasad v. The State Of Bihar Through The Principal Secretary Department Of Health Govt. Of Bihar, Patna And O

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1480 of 2018 Arising Out of PS. Case No.-343 Year-2015 Thana- NAWADA District- Nawada ====================================================== Ramesh Prasad Son of Late Bundi Sao, resident of- Hospital Road, In-front of Head Post Office, Polie Station- Nawada, District- Nawada. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Department of Health Govt. of Bihar, Patna.

2. The Principal Secretary, Department of Health, Govt. of Bihar, New Secretariat, Bihar, Patna.

3. The District Magistrate, Nawada, District- Nawada.

4. The Superintendent of Police, Nawada, District- Nawada.

5. The Civil Surgeon, Nawada, District- Nawada.

6. The Additional Chief Medical Officer, Nawada, District- Nawada.

7. The Officer-in- Charge Town Police Station, Nawada, District- Nawada.

8. Santosh Kumar, Son of Munna Singh, resident of Mohalla- Post Martem Road, Nawada, P.S. and District- Nawada.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Avinash For the Respondent/s :

Mr. Birju Prasad (Gp 13) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-09-2018 Heard learned counsel for the petitioner and learned counsel for the State as also learned counsel representing the respondent no. 8.

The petitioner is the owner of the house in which respondent no. 8 was allegedly running a nursing home. There are certain allegations against respondent no. 8 in connection with his running the nursing home, however, learned counsel representing the respondent no. 8 submits that now he is not running the nursing home because tenancy agreement has

Patna High Court Cr. WJC No.1480 of 2018(4) dt.19-09-2018 2/2 already come to an end long back in the year 2016. Learned counsel for the State has drawn the attention of this Court towards the counter affidavit filed in the present case. A perusal of the counter affidavit also shows that so far as this petitioner is concerned, there is no allegation against him with respect to running of nursing home. He is admittedly the owner of the house in question which has been sealed because of the irregularities said to have been committed by respondent no. 8 while running the nursing home in the premises. In the given facts and circumstances of the case, this Court directs that the premise in question which has been sealed in connection with Nawada Police Station Case No.

343 of 2015 relating to this petitioner be de-sealed and the possession be handed over to him within a period of 15 days from today, subject to his submitting an undertaking that henceforth he will not induct any tenant in the premises without police verification. This application stands disposed off accordingly.