Bhupnarayan Ray @ Dr. B. N. Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19292 of 2018 Arising Out of PS.Case No. -10 Year- 2018 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Bhupnarayan Ray @ Dr. B. N. Ray (as the F.I.R), S/o Manhgu Rai, R/o Bagaha Malkauli Chowk, P.S.- Bagaha (Pathkhauli O.P.) District- West Champaran (as stated in the F.I.R.) permanent R/o New Colony, Bagaha Bazar Ward No. 24, P.S.- Bagaha, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Bagaha (Patkhauli) P.S.Case nO.10 of 2018 , registered for offences punishable under Sections 420, 406, 308 of the Indian Penal Code.

Allegation against the petitioner is that he is running a clinic without having proper licence and when the same was raided by the Incharge Medical Officer, Bagaha he fled away and one patient was there who had been sent to the government hospital. Submission of the learned counsel for the petitioner is that all the allegations are false and concocted and no any chit of paper has been recovered from the place of occurrence. It is further submitted that the as the Medical Officer Bagaha wants to shift his

Patna High Court Cr.Misc. No.19292 of 2018 (4) dt.08-05-2018 2/2 clinic in the residential house of the petitioner, as such the present case has been lodged.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the court below within a period of six weeks from the date of receipt of the order and on his surrender he be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Ist, Bagaha, West champaran in connection with Bagaha (Patkhauli) P.s.Case nO.10 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T