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Patna High Court - Orders

Santosh Kumar Verma vs The State Of Bihar on 19 May, 2022

Author: Satyavrat Verma

Bench: Satyavrat Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20249 of 2022
                        Arising Out of PS. Case No.-78 Year-2022 Thana- HISUWA District- Nawada
                 ======================================================
           1.     Santosh Kumar Verma Son of Babu Lal Prasad Resident of Village - Sonsa,
                  P.S.- Hisua, District - Nawada.
           2.    Ranjeet Kumar Son of Gulab Chand Prasad Resident of Village - Maya
                 Bihga, P.S.- Wazirganj, District - Gaya.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar.
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vinay Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Jai Narain Thakur, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-05-2022

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Hisua P.S. Case No. 78 of 2022 registered under Sections 420 and 120(B) of the Indian Penal Code read with Sections 40 of the Clinical Establishment Registration and Regulation Act and Bio Medical Waste Management and Section 15 of the Environment Protection Act, 1986.

The learned counsel for the petitioners submits that the petitioners are in custody since 14.02.2022, are persons with clean antecedent, charge-sheet has been submitted in the case and the informant alleges that the present F.I.R. is based on an inquiry report of Additional Chief Medical Officer, Nawada in Patna High Court CR. MISC. No.20249 of 2022(2) dt.19-05-2022 2/3 which it is alleged that the petitioner no. 1 is running an unregistered Nursing Home along with his wife and petitioner no. 2 was working as a compounder.

Learned counsel submits that petitioners have been falsely implicated in the present case and drawn the attention of the Court to Annexure '2' to the bail application which is a certificate issued by N.E.H.M. of India, New Delhi wherein it is recorded that petitioner no. 1 has qualified in B.E.M.S. Certification Examination conducted by N.E.H.M. of India and has been registered as an Electropathy/Electrohomoeopathy Medical Practitioner from 19.01.2007. The learned counsel, thus, submits that petitioner no. 1 has valid certificate of practice and, as such, he was running his clinic and the authorities for reason best known to them falsely implicated the petitioner no. 1 along with petitioner no. 2.

The learned A.P.P. for the State opposes the prayer for bail of the petitioners.

Considering the fact that the petitioners are in custody since 14.02.2022, are persons with clean antecedent and charge- sheet has been submitted in the case and in the nature of allegation, the petitioners above named are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Patna High Court CR. MISC. No.20249 of 2022(2) dt.19-05-2022 3/3 Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Hisua P.S. Case No. 78 of 2022.

(Satyavrat Verma, J) ved/-

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