Patna High Court
Dr. Randhir Kumar @ R. KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 125, 3(5), 352
- SC/ST (Prevention of Atrocities) Act — s. 3(i), 3(r), 3(v)
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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