Patna High Court
Dr Amit Gaurav @ AmitversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, on a prima facie basis, there is no convincing material against the petitioner and therefore granted bail.
Summary
Dr. Amit Gaurav was named in an FIR (Nagar P.S. Case No. 469 of 2025) alleging that he issued false insurance policies in the name of a patient, Rinku Devi, and claimed medical bills without the patient’s knowledge. The petitioner contended that he is only a visiting doctor at Advait Hospital, not its owner, and that his own hospital, Shiv Mithlesh Nursing Home, is unrelated to the alleged fraud. He also argued that the allegation of forged medical registration is unsubstantiated and that the complaint does not specifically implicate him. The State opposed bail, but the court found that, prima facie, the material on record does not convincingly link the petitioner to the offences. Consequently, the court granted bail under Section 482(2) of the BNSS, subject to a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is sufficiently implicated in the alleged false insurance fraud to deny bail
- Whether the allegation of forged medical registration constitutes a ground to refuse bail
- Whether the FIR allegations under Sections 318, 318(4), 316, 3(5) of BNS provide a basis for continued detention
Legislation cited
Subjects
- bail
- false insurance
- medical fraud
- forged registration
- criminal procedure
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13621 of 2026
Arising Out of PS. Case No.-469 Year-2025 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Dr Amit Gaurav @ Amit S/o Deepak Kumar Resident of Village- Rahatpur,
P.S- Baliya, Distt.- Begusarai, Presently R/o The Fetal Medicine Clinic, Dak
Banglow Road, Infront of Omar Girls School, Chanakya Nagar, Bishanpur,
P.S.- Town Thana, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. NK Agrawal, Sr. Adv.
Mr. Kumar Rajdeep, Adv.
Mr. Rahul Kumar, Adv.
For the Opposite Party/s : Mr. Navin Kr. Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 26-02-2026 Heard the parties.
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Nagar P.S.
Case No. 469 of 2025 registered for the offences
punishable under Sections 318, 318(4), 316, 3(5) of
BNS.
3. As per FIR, petitioner implicated with
allegation as to involve in issuance of false insurance in
the name of admitted patient and thereafter to claim,
medical bills from the insurance company without
Patna High Court CR. MISC. No.13621 of 2026(2) dt.26-02-2026
2/4
knowledge of patient The allegation is founded upon
complaint made by one patient namely, Rinku Devi.
4. It is submitted by Mr. N.K. Agrawal learned
senior counsel appearing on behalf of the petitioner that
the hospital, in issue, i.e., Advait Hospital, Begusarai, is
neither owned nor managed by this petitioner, where
Rinku Devi was hospitalized rather he is only visiting
doctor thereof. It is submitted that petitioner owned
hospital in the name of M/s Shiv Mithlesh Nursing Home,
Begusarai, which is not alleged to involved with alleged
fake insurance policy.
5. Arguing further, it is submitted that the
petitioner is a medical graduate from Delhi University
and initially registered with Delhi Medical Council and
after obtaining his Master’s degree from Darbhanga
Medical College, Darbhanga he also registered with Bihar
Medial Council in the year 2019 and thereafter he started
his practice in district Begusarai. It is submitted that on
portal search, the informant gathered one information in
Patna High Court CR. MISC. No.13621 of 2026(2) dt.26-02-2026
3/4
name of one Amit Gaurav, son of Prem Chand Prasad,
having date of birth 31.01.1996, registration no. 49667
with Bihar Medical Council, who passed his MBBS from
Aryabhatt Knowledge University, Patna, a suspicion was
gathered that petitioner is working under forged medical
registrations. In support of his submission, learned senior
counsel drawn attention of this Court towards Annexure-5
of the present bail petition. Mr. Agrawal shown entire
documents of petition in original, copy of which are
available through Annexure- 3 and 4.
6. Arguing further, it is submitted that even the
statement of Rinku Devi which is the basis of entire
implication nowhere suggest the involvement of this
petitioner with crime in question regarding realizing false
medical bills, without her knowledge. While concluding
arguments, it is submitted that petitioner claimed clean
antecedent.
7. Learned APP opposes the prayer of bail.
8. In view of aforesaid factual submission and by
Patna High Court CR. MISC. No.13621 of 2026(2) dt.26-02-2026
4/4
taking note of fact as prima-facie except suspicion qua
forged registration number nothing survives against this
petitioner which also prima-facie not appears convincing
out of documents available on record, in support of which
original documents were also produced during hearing
before this Court by Mr. Agrawal, accordingly petitioner
above-named, in the event of his arrest or surrender
before the court below within a period of four weeks, is
directed to be released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned CJM,
Begusarai /concerned Court, where the case is pending in
connection with Nagar P.S. Case No. 469 of 2025,
subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
Checking your session…