IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82652 of 2024 Arising Out of PS. Case No.-115 Year-2023 Thana- GAUNAHA District- West Champaran ====================================================== Neeraj Kumar Son of Shravn Chaudhary Resident of Baghochna, Matiyariya, Ward No. 2, PO- Briti Matiyatiya, PS- Lauriya, District- West Champaran, Bihar-845453 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amit Kumar Singh, Advocate For the Opposite Party/s : Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 17-01-2025 Heard the learned Advocate for the petitioner and the learned APP for the State. 2. The petitioner apprehends his arrest in connection with Gaunaha P.S. Case No. 115 of 2023, registered for the offences punishable under Sections 419, 420 and 34 of the Indian Penal Code. 3. Allegedly, on a direction of the Civil Surgeon, West Champaran, Motihari, a raid has been conducted in connection with running of illegal hospitals/nursing homes, by the In- charge Medical Officer and Block Health Manager along with Official In-charge. In course of raid, Apollo Hospital was found running in the private residential house of one, Umesh Sah. During inquiry, the officials came to know from the villagers Patna High Court CR. MISC. No.82652 of 2024(2) dt.17-01-2025 2/3 that the hospitals/nursing homes was being run by the co- accused, Dipu Kumar and Sonu Kumar. The owner of a residential house namely, Umesh Sah has disclosed that the house was given on rent to this petitioner. 4. Learned Advocate for the petitioner contended that admittedly, the hospital in questions were found to be running in private residential house of Umesh Sah, but said Umesh Sah in whose house, the hospitals/nursing homes were running has not been made accused in this case. There is no documents or materials collected during the course of investigation, prima facie suggesting that the house in question was given on rent to the petitioner. Save and except, the disclosure made by Umesh Sah who is said to be owner of the premises, there is no material suggesting the complicity of the petitioner in crime. The co- accused, Dipu Kumar and Sonu Kumar who was said to have been involved in a running of the hospitals/nursing homes have been allowed the privilege of anticipatory bail by this Court in Cr. Misc. No. 64870 of 2023 vide order dated 19.10.2024. It is lastly submitted that the petitioner is neither named in the F.I.R. nor there is any cogent material apart from his fair antecedent. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application. Patna High Court CR. MISC. No.82652 of 2024(2) dt.17-01-2025 3/3 6. Regard being had to the submissions made on behalf of the parties and considering the fact that co-accused persons who are said to be involved in running of the hospitals/nursing homes have been allowed anticipatory bail by this Court coupled with the fact that the petitioner is neither named in the F.I.R. nor there is any cogent material and his fair antecedent, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 2nd Bettiah, West Champaran in connection with Gaunaha P.S. Case No. 115 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. Guddu/- (Harish Kumar, J) U T