Created by Fuzzy Cloud

Patna High Court

Mukesh Kumar@Dr. Mukesh Kashyap(Ram)@Mukesh Kashyap@Mukesh Kumar Kashyap@Mukesh Kumar RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.