Patna High CourtCR. MISC./44295/2017allowed

Dr. Amiya Agarwal @ Dr. Amiya Agrawal v. The State Of Bihar

2017-09-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44295 of 2017 Arising Out of PS.Case No. -379 Year- 2016 Thana -NAWADA District- NAWADA ====================================================== Dr. Amiya Agarwal @ Dr. Amiya Agrawal Son of Shambhu Ravidas, R/o Village/Mohalla- Ramchandrapur, (Mangla Asthan), P.S.- Laheri, DistrictNalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-09-2017 Counsel for the petitioner submits that from perusal of the FIR, it appears that the allegation is primarily against the son of this petitioner who has already granted anticipatory bail by this court and this petitioner has absolutely no role in the commission of any crime much less under section 406 and 420 of the Indian Penal Code.

Counsel for the opposite party acceded that there is an agreement between the petitioner and the opposite party with regard to sharing of profit of a clinic in the name and style Brahmini Nursing Home. It appears that there is dispute on account of apportionment of the profit and on the basis such dispute, the petitioner cannot denied bail. Accordingly, the

Patna High Court Cr.Misc. No.44295 of 2017 (2) dt.20-09-2017 2/2 application for bail is allowed an the petitioner, named above, is directed to 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 Chief Judicial Magistrate, Nawada, in connection with (Nawada) Nagar P.S. Case No. 379 of 2016 on the condition that the petitioner will cooperate in the trial and will not, in any manner, influence the evidence or the witnesses. It is made clear that granting bail to the petitioner will not in any manner prejudice the claim of the opposite party no.2 with regard to money claim based on the agreement between the parties.

(Anil Kumar Upadhyay, J) Ravi/- U T