Patna High Court - Orders
Sunil Kumar Sah vs The State Of Bihar on 14 May, 2025
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12860 of 2025
Arising Out of PS. Case No.-133 Year-2021 Thana- KHAJANCHI HAT District- Purnia
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Sunil Kumar Sah S/o- Hiralal Sah @ Harilal Sah Village- Jhirwa Tola Akhara
PS- Simraha District- Araria, A/P- Anandnagar Ps- Sadar Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Vivekanand Singh, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 14-05-2025Heard the parties.
2. The petitioner is apprehending his arrest in connection with Khajanchi Hat P.S. Case No. 133 of 2021 for the offence under sections 406, 419, 420, 188 and 120B of the Indian Penal Code lodged on 11.02.2021 by the informant, Dr. Umesh Sharma.
3. As per the prosecution story, the informant on the direction of the District Magistrate, Purnea raided the Diagnostic Centers/Pathological labs in the said district and number of labs listed in the FIR were found to be running illegally. This led to the FIR.
4. Learned counsel for the petitioner submits that he has not been named in the FIR as accused, it is against the Patna High Court CR. MISC. No.12860 of 2025(3) dt.14-05-2025 2/3 Pathological lab running fraudulently and without registration and there is no complaint by any individual and the last submission is that he has no criminal antecedent.
5. Learned APP opposes the prayer submitting that the said lab (Sharda Diagnostic Lab) was running illegally and it was on the direction of the District Magistrate that the local authorities raided which led to the FIR.
6. Having heard the parties, it is clear that under the nose of the Office of the Civil Surgeon-cum-Chief Medical Officer of any District, in this case, in the District of Purnea, the illegal Pathological Lab/Diagnostic Centers are functioning which clearly shows that either no periodical inspection/raid is conducted or it is flourishing in connivance with the local functionary leading to the functioning of such illegal Diagnostic Centers/Pathological Labs at the cost of the innocent lives.
7. So far as the anticipatory bail part is concerned, considering the allegation that has come against the petitioner, no relief can be granted. It is accordingly rejected.
8. Let the copy of the order be sent to the District Magistrate, Purnea for his perusal and needful to ensure that the concerned officials continue with the periodical Patna High Court CR. MISC. No.12860 of 2025(3) dt.14-05-2025 3/3 inspection/raid of all the Pathological Labs/Diagnostic Centers in the entire District of Purnea not limited it to the township of Purnea. The ambit be further extended to the inspection of the Private Hospitals/Nursing Homes which may be functioning illegally in the district of Purnea.
(Rajiv Roy, J) Adnan/-
U T