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Patna High Court

Dr. Randhir Kumar @ R. KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and the order rejecting bail is set aside, granting bail to the appellant.

Summary

The appellant, Dr. Randhir Kumar, appealed against the Special Judge's order rejecting his bail application in a case alleging medical negligence during a uterine operation, resulting in the patient's complications and a claim of extortion. The prosecution alleged that the doctor and his staff misbehaved and that the incident violated Sections 125, 109(1), 352, and 3(5) of the Bharatiya Nyaya Sanhita, 2023, as well as Sections 3(i)(r)(v) of the SC/ST (Prevention of Atrocities) Act. The defence argued that the doctor properly treated the patient, that the complainant fabricated the case to extract Rs. 4 lakh, and that no element of Section 109(1) or the SC/ST Act was satisfied. The court examined the facts, the period of custody, and the lack of clear evidence of caste-based insult, and decided to set aside the lower court's order. Consequently, the appeal was allowed and bail was granted on condition of bond and sureties, with compliance requirements for trial attendance.

Issues considered

  • Whether the appellant is entitled to bail despite the charges under the Bharatiya Nyaya Sanhita and the SC/ST (PoA) Act.
  • Whether the facts alleged constitute an offence under Section 109(1) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the appellant's conduct amounts to an offence under Sections 3(i)(r)(v) of the SC/ST (Prevention of Atrocities) Act.

Legislation cited

Subjects

  • bail
  • medical negligence
  • SC/ST Act
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • caste discrimination
  • false complaint

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4501 of 2025
                 Arising Out of PS. Case No.-168 Year-2025 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Dr. Randhir Kumar @ R. Kumar S/O Sri Rajendra Prasad R/O Village-
                 Loknathpur Ganj, P.S- Dalsingsarai, Distt.- Samastipur.

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Sonu Kumar Paswan S/O Suresh Paswan R/O Village- Dhepura, Ward No.
                 28, P.S- Dalsingsarai, Distt.- Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Surya Narayan Roy, Advocate
                 For the Respondent/s    :       Ms. Usha Kumari 1, SPP
                 For the Informant       :       Mr. Mahendra Pratap, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   12-02-2026             Heard learned counsel for the appellant, learned Special

                   Public Prosecutor for the State and learned counsel for the

                   informant. Perused the case diary.

                           2.      The instant appeal has been filed by the appellant

                   against the order dated 16.10.2025 passed by learned Special

                   Judge, SC/ST (PoA) Act, Samastipur whereby the prayer for

                   bail of the appellant in connection with Dalsingsarai PS Case

                   No. 168 of 2025 instituted under Sections 125, 109(1), 352, &

                   3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(i)(r)

                   (v) of SC/ST Act was rejected.

                           3.      The prosecution case, in brief, is that the informant

                   alleges that due to negligent and wrongful treatment by the
Patna High Court CR. APP (SJ) No.4501 of 2025(3) dt.12-02-2026
                                             2/3




          appellant (doctor) during a uterus operation at Sakshi Hospital,

          his wife’s condition deteriorated and she suffered serious

          complications requiring referral to AIIMS Delhi. It is further

          alleged that the doctors misbehaved with the informant.

                  4.      Learned counsel for the appellant submits that the

          appellant is innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case.

          Learned counsel submits that there is no ingredients of Section

          109(1) of the Bharatiya Nyaya Sanhita, 2023. The appellant, a

          registered and reputed medical professional, properly treated

          Phool Devi, who was discharged in healthy condition on

          05.10.2024. Allegedly, after her discharge, the informant and his

          brother demanded Rs. 4 lakhs, and upon refusal, falsely

          instituted the present case with malafide intention. Learned

          counsel for the appellant further submits that the appellant has

          not taken the caste name of the informant in public view. Hence,

          no offence under the provisions of SC/ST Act is made out

          against him. The appellant has no intention to disgrace the

          image of the informant in public view. The appellant is in

          custody since 21.09.2025 and has two criminal antecedents.

                  5.      Learned Special P.P. for the State and the informant

          have vehemently opposed the prayer for grant of bail to the
           Patna High Court CR. APP (SJ) No.4501 of 2025(3) dt.12-02-2026
                                                        3/3




                     petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to allow this appeal.

                     Accordingly, the appeal is allowed and order dated 16.10.2025

                     passed by learned Special Judge, SC/ST (PoA) Act, Samastipur

                     is hereby set aside.

                             7.      Let the appellant be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court             in connection with Dalsingsarai PS

                     Case No. 168 of 2025, subject to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the appellant.

                             (II) The appellant shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the appellant.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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