IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32455 of 2011 Dr. Lokesh, Son of Sri Haridwar Tiwary, R/o Maurya Path, P.S. Shastri Nagar, District Patna. ………Petitioner Versus The State Of Bihar ……….Opposite party ----------- 03/- 23/11/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 23 dated 18/06/2011. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 308/34 of the Indian Penal Code, is solitary named accused in this case with allegation of operating mother of the informant for Piles, but simultaneously, he opened her Stomach and suspicion is that he has removed Kidney of the patient during such operation. Submission is that the patient was operated for Piles as well as Gall Bladder, which contained stone and at no point of time anything was done with her Kidney or beyond the subject matter of operation and each and every precaution was taken. Further, it is submitted that except suspicion regarding removal of Kidney, there is absolutely nothing nor in spite of attempts taken to verify the allegations on production of the patient before duly constituted medical board or other required test, none turned up. The investigation is still going on. Considering the facts and circumstances of the case, till 2 conclusion of the investigation/submission of the charge-sheet, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna, in connection with Phulwari P.S. Case No. 513 of 2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till conclusion of the investigation/submission of the charge-sheet and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)