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Patna High CourtCR. MISC./51692/2014bail granted

Dr. Md. Quayoom Azam @ Md. Kayum Azam v. The State Of Bihar

2015-05-14Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51692 of 2014 Arising Out of PS.Case No. -355 Year- 2013 Thana -BAHERI District- DARBHANGA ====================================================== Dr. Md. Quayoom Azam @ Md. Kayum Azam Son of Ayub Khan, Resident of villageBasuham, P.O. and Police Station- Bahera, District- Darbhanga .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Nawal Kishor Prasad For the Opposite Party/s : Mr. Nityanand(App) ====================================================== CORAM: HON'BLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-05-2015 Heard learned counsel for the petitioners, learned counsel for the State as also the learned counsel for the informant. In this application, the petitioner apprehend his arrest for the offences punishable under Sections 406, 420, 467, 468 and 471 of the Indian Penal Code.

Allegedly, petitioner was found running Astha Health Care, Baheri.

Submission is of false implication. It is alleged that being a Doctor, after examination of the patient, petitioner used to grant prescription only and no nursing home is running. During investigation, the I.O. has inspected the place of occurrence vide paragraph-22 of the case diary and has found that the petitioner used to grant prescription and give medical advise only and there was no sign of nursing home and alleged inquiry report is merely table report there is no material against the petitioner and as such

Patna High Court Cr.Misc. No.51692 of 2014 (4) dt.14-05-2016 2/2 the petitioner deserves sympathetic consideration, to which learned A.P.P. opposes.

In the facts and circumstances stated above considering that I.O. has not found any sign of nursing home in Astha Health Care, Baheri and as such in case of his arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga in connection with Baheri P.S. Case No. 355 of 2013, subject to the conditions as laid down in Section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J) sushma/- U T