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Patna High CourtCR. MISC./69171/2024allowed

The State Of Bihar Through Senior Superintendent Of Police, Gaya v. Madhu Clinic, Dr. Anil Kumar

2025-06-17Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69171 of 2024 Arising Out of PS. Case No.-228 Year-2023 Thana- GURUA District- Gaya ====================================================== The State of Bihar Through Senior Superintendent of Police, Gaya Bihar ... ... Petitioner/s

Versus

Madhu Clinic, Dr. Anil Kumar S/O Ram Tilak Prasad R/O Village- Sriram Bigha, P.S- Gurua, Distt.- Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-06-2025 The present application for cancellation of anticipatory bail has been filed on behalf of the State of Bihar through the Senior Superintendent of Police, Gaya and in the present case, despite issuance of notice to the opposite party and also having taken all steps for a valid service of notice on behalf of learned counsel appearing for the State of Bihar, nobody appears on behalf of the opposite party in the present proceedings.

2. It has been pointed out by learned counsel appearing for the petitioner that vide order dated 20.03.2024 passed in Cr. Misc. No. 21767 of 2024, the opposite party, Madhu Clinic, Dr. Anil Kumar was granted the privilege of anticipatory bail on the consideration that the petitioner is a doctor and the same has been specifically recorded in paragraph 4 of the said order. Learned counsel appearing for the petitioner further invites the

Patna High Court CR. MISC. No.69171 of 2024(4) dt.17-06-2025 2/3 attention of the Court to an order dated 21.08.2024 passed in Cr. Misc. No. 14637 of 2024 whereby learned APP for the State, Mr. Dilip Kumar No.1, was directed to file an application to cancel the bail bond of the present opposite party, Madhu Clinic, Dr. Anil Kumar on the ground that he had made a wrong submission that he is a doctor. Further, it is submitted that an inquiry was conducted at the level of the Senior Superintendent of Police and the said inquiry report which has been annexed as Annexure-4 to the present application clearly shows that no valid proof or certificate has been produced by the persons under inquiry which includes Dr. Ram Pukar Prasad Rahi and Madhu Clinic, Dr. Anil Kumar, who is the present opposite party. It is also submitted that they are wrongly using the prefix of doctor against their names for cheating the people in order to earn money.

3. Taking in view all the facts and circumstances and also the enquiry report and the orders of the Co-ordinate Bench of this Court, the present petition for cancellation of anticipatory bail of the opposite party is allowed and the police is directed to take steps to take the opposite party into custody.

4. The present order may be immediately communicated to the concerned Court so that the bail bonds of the opposite

Patna High Court CR. MISC. No.69171 of 2024(4) dt.17-06-2025 3/3 party is cancelled and consequent thereupon, the police may take the subsequent action.

(Soni Shrivastava, J) divyanshi/- U T