Dr. Faiyaj @ Md. Faiyaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10937 of 2018 Arising Out of PS. Case No.-286 Year-2017 Thana- BARGANIA District- Sitamarhi ====================================================== Dr. Faiyaj @ Md. Faiyaj, S/o Nijamuddin, resident of Village- Bhakurhar, P.S. Bairagania, District- Sitamarhi.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Uday Kumar, Advocate For the Opposite Party :

Mr. Dr.Mrityunjaya Kr.Gautam (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Bairagania P.S. Case No. 286 of 2017, registered for the offences punishable under Sections 188, 420/34 of the Indian Penal Code.

Allegedly, the petitioner was found running private clinic without any paper.

Submission is of false implication and that the petitioner has got no private clinic, he has got a medical shop and he is running the same. There is valid license vide Annexure -2 which is valid up to 06.10.2018. The petitioner has produced license of medical shop but in spite of

Patna High Court Cr.Misc. No.10937 of 2018(2) dt.27-02-2018 2/2 that he has been implicated in this case falsely and, as such, the petitioner deserves sympathetic consideration as he has got no criminal antecedent.

The learned A.P.P. fairly submits that from Annexure - 2 it reveals that in the name of the petitioner there is a medical shop.

In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 Chief Judicial Magistrate, Sitamarhi, District Sitamarhi, in connection with Bairagania P.S. Case No. 286 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T