The Patna High Court denied the petitioner's application for anticipatory bail in a case involving cheating and forgery charges, rejecting it due to the failure to demonstrate the nursing home's registration.
Anticipatory bail application rejected; petitioner directed to surrender and apply for regular bail before the court below.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39086 of 2018
Arising Out of PS.Case No. -298 Year- 2017 Thana -BELAGANJ District- GAYA
====================================================== Anil Kumar, Son of Madan Yadav, Resident of Village- Gaya Bigha, P.S.Sakurabad, District- Jehanabad, Proprietor Kajal Nursing Home, Near Bela Railway Station Gaya.
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate. For the Opposite Party/s : Mr. Arun Kumar Singh -5, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
3 19-07-2018 Heard learned counsel for the petitioner and the State.
The petitioner apprehends his arrest in Belaganj P.S. Case No. 298 of 2017 instituted for the offence under Sections 418, 419, 420, 468 and 471/34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted there is no irregularity as mentioned in the written report, alleged to have been found in the Nursing Home. It has further been submitted that Kajal Nursing Home was being run by the petitioner under the supervision of Dr. Nasibal Lal, MBBS, having registration No. 21399. There is no complaint made by anybody with regard to irregularity committed by the aforesaid Nursing Home. The petitioner is only Proprietor of Kajal Nursing Home
Case diary has been received.
Patna High Court Cr.Misc. No.39086 of 2018 (3) dt.19-07-2018
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Learned A.P.P. after looking into the case diary has submitted that from the entire case diary it does not appear that Nursing Home of this petitioner was registered. The petitioner during course of argument could not produce any paper regarding registration of aforesaid Nursing Home.
Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.
Prayer for anticipatory bail of the petitioner stands
rejected.
Petitioner may surrender before the court below and make prayer for regular bail which will be considered by the court below in accordance with law without being prejudiced by this order.
(Sanjay Priya, J)
S.Ali/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail given the lack of registration of the nursing home alleged in the case diary.
Anil Kumar
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
