Patna High Court
Arun Kumar @ Arun Yadav @ Arun Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Arun Kumar Yadav, the manager of a hospital, was arrested in connection with the death of the informant's mother, who allegedly died due to negligence during a surgical operation. The prosecution charged him under Sections 103(1) and 3(5) of the B.N.S., alleging his involvement in the alleged negligence. The petitioner contended that he had no role in the medical treatment, that the operation was performed by co‑accused Dr. Satish Kumar, and that his implication was merely because of his managerial position. The State opposed the bail application, arguing the seriousness of the charges. The Court, considering the general and omnibus nature of the accusation and the length of the petitioner’s custody since 28‑12‑2025, granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 103(1) and 3(5) of the B.N.S. for alleged negligence leading to death
Legislation cited
- B.N.S. — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- negligence
- hospital manager
- B.N.S.
- Sections 103(1)
- Section 3(5)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10152 of 2026
Arising Out of PS. Case No.-42 Year-2025 Thana- PURUSHOTTAMPUR District- West
Champaran
======================================================
Arun Kumar @ Arun Yadav @ Arun Kumar Yadav Son of Ramekbal Yadav
@ Jamadar Yadav R/o Village - Jaimangalpur Saunaha At present residing in
Mohallla - Jokiyari, P.S. - Raxaul, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Shiva Shankar Sharma, Advocate
For the State : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 103(1) and 3(5) of the
B.N.S..
3. As per prosecution case, it is alleged that mother of
informant was admitted in Janta hospital for operation of stone,
however, due to negligence of all the named accused persons,
including this petitioner, her mother died.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
As a matter of fact, operation of mother of informant was
Patna High Court CR. MISC. No.10152 of 2026(2) dt.18-02-2026
2/2
conducted by co-accused Dr. Satish Kumar. Petitioner has
falsely been implicated in this case merely because he happens
to be Manager of the hospital and there is no allegation that he
in any way participated in the treatment of the deceased.
Moreover, charge-sheet has already been submitted and
petitioner is in custody since 28.12.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and period of
custody, the prayer for grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned J.M. 1st Class, Bettiah, West Champaran
in connection with Purshotampur P.S. Case No. 42 of 2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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