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Patna High Court

Rakesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail could be granted as the alleged offences did not preclude bail and the imposed conditions were sufficient to ensure the petitioner’s presence.

Summary

Rakesh Kumar applied for anticipatory bail after being implicated in a case alleging that he operated an ultrasound diagnostic centre without a license, violating sections of the Bihar Nursing Service Act and the Clinical Establishment Act. He claimed the allegations were false, stemming from an inspector's illegal demand, and asserted a clean antecedent. The State opposed the bail, arguing the seriousness of the offences. The High Court considered the submissions and, applying Section 438(2) of the CrPC and Section 482(2) of the BNSS, directed that anticipatory bail be granted with a bail bond and specific conditions, including sureties and personal appearance. The order emphasized that the bail conditions were not to delay verification of antecedents and that the observations would not affect the trial. Consequently, the petition for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482(2) BNSS in view of the alleged offences.
  • Whether the allegations of running an unlicensed ultrasound centre justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 BNSS
  • Clinical Establishment Act
  • ultrasound centre
  • licensing
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.55588 of 2025
                      Arising Out of PS. Case No.-199 Year-2025 Thana- SURSAND District- Sitamarhi
                 ======================================================
                 Rakesh Kumar S/o Rambabu Sah R/o village - Nawahi, P. S - Sursand,
                 District - Sitamarhi
                                                                     ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Devendra Kumar, Adv.
                 For the Opposite Party/s :        Ms. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

4   21-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Sursand P.S. Case No. 199 of 2025 dated 08.05.2025

                   registered for the offences punishable under Sections 316(2),

                   318(4), 271, 272, 125, 61(2) and 3(5) of the B.N.S. and Sections

                   30(3)(2) of the Clinical Establishment Act.

                                3. As per the F.I.R., the allegation against the

                   petitioner is that he was running Ultrasound Diagnostic Centre

                   in the name of Shubh Laxmi Ultrasound which was initially

                   sealed by the Inquiry Committee however, the same was being

                   again run by the petitioner without any license.

                                4. The learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in this case and no illegal

                   activity was found to have been committed at the Ultrasound
Patna High Court CR. MISC. No.55588 of 2025(4) dt.21-01-2026
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          Centre. It has further been submitted that it was on account of

          the demand being made by the Inspector, which the petitioner

          could not fulfill, the present false and concocted case has been

          lodged against the petitioner. It has further been submitted that

          the petitioner has not been running the Centre and only because

          he had not agreed to the illegal demands of the Inspector that he

          has falsely been implicated. It has lastly been submitted that the

          petitioner has clean antecedent.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner.

                       6. Considering the aforesaid submissions made by the

          parties and taking into account the facts and circumstances of

          the case, the petitioner, above named, is directed to be released

          on anticipatory bail, in the event of arrest or surrender before the

          Court below within a period of four weeks from today, on

          furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Court below where the case is pending/successor

          court in connection with Sursand P.S. Case No. 199 of 2025,

          subject to the conditions as laid down under Section 438(2) of

          the Code of Criminal Procedure read with corresponding

          Section 482(2) of BNSS as well as subject to the following
           Patna High Court CR. MISC. No.55588 of 2025(4) dt.21-01-2026
                                                       3/3




                     conditions:-

                                   (i) One of the bailors will be a close relative of the

                     petitioner.

                                   (ii) The petitioner shall remain physically present

                     before the concerned Court on each and every date of the trial

                     and shall cooperate in the investigation.

                                   (iii) In case of absence on two consecutive dates or in

                     violation of the terms of the bail, the bail bond of the petitioner

                     will be liable to be cancelled by the Court concerned.

                                   (iv) The trial court shall verify the criminal antecedent

                     of the petitioner and in case, at any stage, it is found that the

                     petitioner has concealed his criminal antecedents, the trial court

                     shall take necessary steps for cancellation of bail bond of the

                     petitioner. However, the acceptance of bail bond in terms of the

                     above mentioned order shall not be delayed for purpose of or in

                     the name of verification.

                                   7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                   8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-
U     T


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