Satyendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44424 of 2018 Arising Out of PS.Case No. -25 Year- 2018 Thana -KHUDWAN District- AURANGABAD ====================================================== Satyendra Kumar, s/o Sri Ramawtar Das, r/o village Tetrahi, P.S.- Haspura, District- Aurangabad.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate. For the Opposite Party/s : Mr. Mithilesh Kumar Khare, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Khudwan P.S. Case No. 25 of 2018 instituted for the offence under Sections 419, 420/34 of the Indian Penal Code and Section 5(2) of Private Hospital and Medical Clinics Act.
In the written report it is alleged that the clinic was found closed and it was disclosed by owner of Gulam Kadir Medical Hall and villagers that petitioner used to work in the aforesaid Clinic.
Counsel for the petitioner submits that name of this petitioner has come merely on suspicion on the basis of information of the villagers. It has further been submitted that petitioner is unemployed and he used to run tuition centre. He has
Patna High Court Cr.Misc. No.44424 of 2018 (3) dt.31-07-2018 2/2 no concern with the aforesaid clinic.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Khudwan P.S. Case No. 25 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.