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2025 DAILYLAW 106038 (PAT)

Bhrigunath Yadav v. The State of Bihar

CR. MISC./44849/2025 · 2025-12-10

Nawneet Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44849 of 2025 Arising Out of PS. Case No.-78 Year-2023 Thana- BUXAR COMPLAINT CASE District- Buxar ====================================================== Bhrigunath Yadav Late Gangasagar Yadav Village Nagpura PS Simari Distt Buxar ... ... Petitioner/s Versus The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amit Kumar Pandey For the Opposite Party/s : Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 4 10-12-2025 Heard learned counsel for the petitioner as well as the learned APP for the State. 2. The petitioner apprehends his arrest in connection with Complaint Case No. 78(o) of 2023, registered for the offences punishable under Sections 3(3), 29(1), Rule 9 and Rule 17(2) of the PC & PNDT Act, 1994. 3. According to prosecution case, under the direction of the Chief Secretary, Bihar an investigation team led by the Incharge Medical Officer, Primary Health Centre, Dumraon and the Block Development Officer, Dumraon carried out an inspection of all operating ultrasound centres in the District of Buxar. At the petitioner’s ultrasound centre, they found that the centre was closed. The inspection team tried to contact the proprietor/petitioner on his mobile phone, but could not reach him. It was also found that there was no information on the notice board regarding the non-availability of ultrasound services, which is a violation of the PC & PNDT Act. 4. The learned counsel for the petitioner has submitted that merely because his ultrasound centre was found closed, the FIR was lodged against him. The petitioner had a bona fide reason for not opening the ultrasound centre mentioned in the application. He has Patna High Court CR. MISC. No.44849 of 2025(4) dt.10-12-2025 2/2 further submitted that the petitioner’s licence is genuine. He has also submitted that on exactly similar footing, co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. Nos. 26156 and 22197 of 2024. 5. On the other hand, learned APP for the State has opposed the prayer for bail. 6. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, 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 ACJM-V, Buxar in connection with Complaint Case No. 78(o) of 2023, subject to the conditions as laid down under Section 438(2) of the CrPC/482(2) of the BNSS, 2023. 7. The petitioner will appear in the court on each and every date fixed by the trial court till framing of charges. 8. If the petitioner is found involved in similar nature of case, his bail bond shall be cancelled. Nirmal/- (Nawneet Kumar Pandey, J) U T