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2025 DAILYLAW 96729 (PAT)

Dr. Raju Kumar v. The State of Bihar

CR. MISC./30205/2025 · 2025-12-02

Nawneet Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30205 of 2025 Arising Out of PS. Case No.-248 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== Dr. Raju Kumar S/o Bindeshwar Paswan @ Bindeshwar Pawan R/o Mohalla- Fatuha Cooperative Colony, P.S.- Fatuha, District- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.S.M. Ashraf, Sr. Adv. Ms. Homa Yunus, Adv. Mrs. Rana Hason, Adv. Mr. Shekhar Ashraf, Adv. For the State : Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 4 02-12-2025 Heard learned counsel for the petitioner as well as the learned APP for the State. 2. The petitioner apprehends his arrest in connection with Naugachia P.S. Case No. 248 of 2023, registered for the offences punishable under Sections 419, 420 of the Indian Penal Code and Sections 15(2) of the Indian Medical Act, 1956. 3. As per prosecution case, a raid was conducted at the ultrasound center of the co-accused and it was found to be running without licence and without following the standard operating procedure. The name of the petitioner transpired as the doctor who has been engaged to provide work in the ultrasound center. 4. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.30205 of 2025(4) dt.02-12-2025 2/3 petitioner is innocent and has falsely been implicated in this case. The petitioner has no role in running the ultrasound center as the petitioner entered into an agreement with co-accused Sanjeev Kumar Das, proprietor of Sanjeevni Memorial Nursing Home for providing his services in the hospital for one year. There was no agreement to run the ultrasound center. The petitioner is a MBBS degree holder and a consultant physician posted at Medical Officer in Sadar Hospital, Begusarai and has nothing to do with the running of the center for sonography/ultrasound. The learned counsel further submits that no patient made any complaint against the petitioner and the petitioner has no concern with the ultrasound center of the co- accused. The petitioner is a person of clean antecedent. He has further submitted that the proprietor has been granted anticipatory bail and the doctor in whose confessional statement, the name of the petitioner appeared has also been granted anticipatory bail by a co-ordinate Bench of this Court. 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 Patna High Court CR. MISC. No.30205 of 2025(4) dt.02-12-2025 3/3 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 A.C.J.M-II, Naugachia, Bhagalpur in connection with Naugachia P.S. Case No. 248 of 2023, subject to the conditions as laid down under Section 438(2) of the CrPC/482(2) of the BNSS, 2023. Nirmal/- (Nawneet Kumar Pandey, J) U T