Faizan Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70365 of 2024 Arising Out of PS. Case No.-382 Year-2023 Thana- MASHRAK District- Saran ====================================================== FAIZAN KHAN SON OF IQBAL KHAN @ AKBAL ALI KHAN KHAN RESIDENT OF VILLAGE - KARINGA, P.S. -BHAGWAN BAZAR, DISTRICT - SARAN, BIHAR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

DR. IMRAN HUSSAIN KHAN SON OF LATE MD. SHAHIL HODA KHAN RESIDENT OF VILLAGE- BARPURA, P.S. - KHAIRA, DISTRICT - SARAN, BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brajesh Sahay, Advocate Mr. Arif Daula Siddiqui, Advocate Mr. Noumaan Ahmad, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-04-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The present application is for grant of anticipatory bail, in connection with Mashrakh P.S. Case No.382 of 2023 for offences under Sections 467, 468 and 420 of the Indian Penal Code.

3. The allegation in the First Information Report is that the petitioner, being the compounder of the informant, started practicing as a Doctor by using the informant's name, and also forged prescriptions in his name.

Patna High Court CR. MISC. No.70365 of 2024(5) dt.28-04-2025 2/3

4. The learned counsel for the petitioner submits that as a matter of fact, the informant himself had opened a clinic so that the patients in the remote villages could be attended to. The petitioner and the informant are also relatives and after some dispute had taken place between them, the present case has come to be lodged. The learned counsel for the petitioner also submits that no patient or any villager has complained that he was treated by the present petitioner, posing himself to be a Doctor. Even during the course of investigation, it would appear from paragraph 50 of the case diary that the Police has not been able to collect any substantial material to connect with the petitioner in the present case.

5. Learned APP for the State opposes the prayer for anticipatory bail application.

6. Considering the above facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Chapra, District-Saran, in connection with Mashrakh P.S. Case No.382 of 2023, subject to the condition laid down under Section 438 (2) of the Code of

Patna High Court CR. MISC. No.70365 of 2024(5) dt.28-04-2025 3/3 Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and subject to the further condition that the petitioner shall cooperate in the investigation/trial. (Soni Shrivastava, J) sharun/- U T