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Patna High CourtCR. MISC./31868/2018bail granted

Rinkesh Kumar v. The State Of Bihar

2018-06-13Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31868 of 2018 Arising Out of PS. Case No.-77 Year-2018 Thana- GOGRI District- Khagaria ====================================================== Rinkesh Kumar, son of Narayan Yadav, Resident of Village- Raghunathpur, Police Station- Sahebpur Kamal, District Begusarai, Director Divya Nursing Home, Muskipur Kothi.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Viveka Nandsingh For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-06-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Gogri P.S. Case no. 77 of 2018, registered under Sections 419 and 420/34 of the Indian Penal Code and Section 41(1)(2) of Clinical Establishment Registration and Regulation Act. The accusation is that in the light of direction of Civil Surgeon, Khagaria, the informant Dr. Chandra Prakash, In-charge Medical Officer, Gogari inspected Divya Nursing Home run by this petitioner, Gayatri Nursing Home run by Saurabh Kumar and J.D. Nursing Home run by Amar Kumar Yadav, but they did not produce any valid papers regarding running the same. Thereafter, direction was given to produce the papers for running the aforesaid nursing homes, while

Patna High Court Cr.Misc. No.31868 of 2018(2) dt.13-06-2018 2/2 petitioner being the Director of Divya Nursing Home and Amar Kumar Yadav being the Director of J.D. Nursing Home produced their papers, but nursing home of the petitioner was not found up to mark.

Learned counsel for the petitioner submits that, in fact, after registration the petitioner is running Divya Nursing Home and the paper was also produced as per direction of the informant in the office of Civil Surgeon, Khagaria and only allegation is that Divya Nursing Home run by this petitioner was not found up to mark. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in connection with Gogri P.S. Case No. 77 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T