Patna High Court
Mukesh Kumar@Dr. Mukesh Kashyap(Ram)@Mukesh Kashyap@Mukesh Kumar Kashyap@Mukesh Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, directing release on a bond of Rs.10,000 with two sureties.
Summary
Mukesh Kumar, a medical practitioner, was arrested in connection with the death of a woman who allegedly died after receiving an injection from him, as alleged in FIR No.179 of 2025 under Section 105 of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that the allegations were false, that he was not a quack, and that the case amounted only to unsubstantiated medical negligence. He applied for regular bail, offering to cooperate with the investigation and produce his valid medical licence, and highlighted his lack of any prior criminal record. The State opposed the bail application. The Court, after hearing both sides, considered the nature of the allegation, the petitioner’s willingness to cooperate, his clean antecedent, and the fact that he had been in custody since 20‑12‑2025, and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail in a case registered under Section 105 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the allegations of medical negligence constitute a sufficient ground to deny bail.
- Whether the petitioner’s clean criminal record and willingness to produce a medical licence justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 105
Subjects
- bail
- medical negligence
- Section 105 BNS
- regular bail
- criminal procedure
- false implication
- medical licence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13034 of 2026
Arising Out of PS. Case No.-179 Year-2025 Thana- DEWARIA District- Muzaffarpur
======================================================
Mukesh Kumar@Dr. Mukesh Kashyap(Ram)@Mukesh Kashyap@Mukesh
Kumar Kashyap@Mukesh Kumar Ram, S/o- Chandrika Ram, R/v-
Chaturpatti (Khenpur Bhojpatti), PS- Paroo, District-Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar, Advocate
Ms. Priya Kumari, Advocate
Ms. Saheeba Naz, Advocate
Mr. Deepak Kumar, Advocate
Mr. Abhishek Bhardwaj, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 26-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Dewaria P.S. Case
no.179 of 2025, registered under section 105 of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that he took his wife to the petitioner for treatment as she was
suffering from pain in her knees. It is stated that the petitioner
gave her an injection, however soon thereafter, her condition
started to deteriorate. The petitioner escaped. On the informant
taking his wife for further treatment to Dewaria his wife died on
the way.
Patna High Court CR. MISC. No.13034 of 2026(2) dt.26-02-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The allegation
against the petitioner at best can be one of medical negligence,
however the same is also not substantiated from the allegations
levelled in the F.I.R. The allegation of the petitioner having run
away from the clinic on the condition of the wife of the
informant deteriorating is false and incorrect. Learned counsel
submits that it is not the case against the petitioner that he is not
a medical doctor but is a quack. So far as the statement recorded
in paragraph no.39 of the case diary is concerned, it is submitted
that the petitioner will produce his medical documents as and
when required. The petitioner is in custody since 20.12.2025
and has no criminal antecedent.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the F.I.R., the undertaking of the petitioner that he shall
cooperate in the investigation and shall produce his valid license
of practicing as a medical doctor together with the petitioner
having remained in custody since 20.12.2025 and not having
any criminal antecedent, the petitioner is directed to be enlarged
Patna High Court CR. MISC. No.13034 of 2026(2) dt.26-02-2026
3/3
on bail in connection with Dewaria P.S. Case no.179 of 2025, on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate-V, West,
Muzaffarpur.
(Partha Sarthy, J)
avinash/-
U T
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