Sanjeev Kumar @ S. Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55940 of 2019 Arising Out of PS. Case No.-101 Year-2019 Thana- GOH District- Aurangabad ====================================================== SANJEEV KUMAR @ S. KUMAR Son of Amarnath Gupta Resident of Village-Pipra, P.S.-Goh, District-Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 420, 467, 468, 471, 304, 269, 270, 197 of the Indian Penal Code, 40 of Clinical Establishment Registration and Regulation Act, 2010 and 15 of the BMW Management Rules Environment Act, 1986.

The prosecution allegation, in short, is that the accused persons were running the clinic illegally without the degree. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Though the case has been instituted for an offence

Patna High Court CR. MISC. No.55940 of 2019(3) dt.27-11-2019 2/2 under section 304 IPC but from perusal of the case diary, it appears that none has died. The allegation is that the petitioner is a medical practitioner without any qualification. The petitioner denies of practising in the medical side. The petitioner is a medical student who is pursuing study in Ayurvedic college. The petitioner has been made accused due to mistake of fact. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Goh P.S. Case No. 101/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T