IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12486 of 2008 /DR.BIJAY GUPTA @ BIJAY KUMAR GUPTA Versus STATE OF BIHAR ----------- 2 5.05.2008 Learned counsel for the petitioner is permitted to make necessary correction in the affidavit portion at page 12 in paragraph- 1. It is stated that the deponent is the brother of the petitioner whereas it has wrongly been written as father of the petitioner. Heard the learned counsels for the petitioner and the State. The petitioner apprehends arrest in connection Sangrampur P.S. Case No. 131 of 2002 registered under sections 406, 409, 201, 427 and 120(B) of the Penal Code. Learned counsel for the petitioner submit on perusal of the allegation made in the FIR it is found that Primary Health center in question, from where expired medicine were being burnt out on 2.11.2002, the petitioner although a doctor posted in the said center, was already transferred to Hazipur as would appear from the charge report dated 7.08.2002 as contained in Annexure – 3 and as such no criminal case can be sustained against this petitioner. It is submitted that one doctor namely Dr. Bina Kumari who was present at the material time at the said center has been enlarged on anticipatory bail by this court vide order dated 12.05.2006 passed in Cr. Misc. No. 19687 of 2006 his case was standing on similar footing to that of the petitioner as he was also transferred before the date of occurrence Having considered the submission noticed above and on perusal of the material brought on record as discussed above it is - 2 - directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, Dr. Bijay Gupta @ Bijay Kumar Gupta will be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Munger in connection with Sangrampur P.S. Case No. 131 of 2002 dated 3.11.2002 (G.R. No. 1814B of 2002 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)