High Court granted anticipatory bail to the petitioner apprehending arrest under IPC Sections 419, 420, and others for allegedly practicing medicine without a license, subject to terms and conditions.
Petitioner released on anticipatory bail on furnishing a bond of Rs. 10,000 with two sureties on appropriate terms and conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.67994 of 2018
Arising Out of PS. Case No.-154 Year-2016 Thana- MOTIHARI MUFASIL District- East Champaran
======================================================
DR. ASHUTOSH KUMAR @ ASHUTOSH KUMAR, S/o Banarsi Das @ Banarsi Prasad, R/v-Raghunathpur, P.O.-Mirpur, P.S. Chiraiya, Distt-East Champaran at Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sabal Kumar Jha For the Opposite Party/s : Mr. Rajendra Prasad Nat ======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 17-12-2018
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468, 469, 471 and 474 of the Indian Penal Code.
Basic accusation against the petitioner is of practicing as a doctor without having valid licence and degree.
It is submitted by learned counsel for the petitioner that though the petitioner used to suggest medicine to the patients, but has not prescribed any medicine on prescription. Moreover, no patient at any point of time has made any complaint against the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal
Patna High Court Cr.Misc. No.67994 of 2018(2) dt.17-12-2018 2/2
antecedent.
It is submitted by learned APP for the State that the petitioner is named in the FIR with specific accusation.
Considering the accusation being not corroborated with the medical report available on record, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, East Champaran at Motihari in connection with Mufasil (Lakhaura) P.S. Case No. 154 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J)
Ashwini/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a case involving cheating and practicing as a doctor without a valid license.
Whether the lack of corroborating medical evidence and the petitioner's lack of criminal antecedents warrant granting anticipatory bail.
1 provisions across 1 enactments
Dr. Ashutosh Kumar @ Ashutosh Kumar
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
