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Patna High Court

Om Prakash Kumar @ Om Prakash Yadav @ Dr. Prakash YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail cannot be granted as the petitioner is alleged to be the proprietor of an unqualified medical establishment, posing a risk to public health.

Summary

The petitioner, Om Prakash Kumar, applied for anticipatory bail in a case alleging offences under Sections 105 and 3(5) of the Bhartiya Nyaya Sanhita, relating to the death of a patient at a hospital he is said to own. The prosecution alleges that the hospital was run without valid documents and by an unqualified doctor, constituting a public health risk. The petitioner contended he is innocent and not a doctor, claiming political victimisation. The court examined the FIR and found that the petitioner is alleged to be the proprietor of the hospital, which appears to be operated by a quack. Considering the seriousness of the alleged offence and the potential danger to public health, the court was not inclined to grant bail. Consequently, the anticipatory bail application was rejected.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Sections 105 and 3(5) of the Bhartiya Nyaya Sanhita.
  • Whether alleged operation of a hospital by an unqualified person justifies denial of anticipatory bail.
  • Whether the alleged involvement in the death of a patient warrants custody pending trial.

Legislation cited

Subjects

  • anticipatory bail
  • quackery
  • medical negligence
  • public health
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • hospital licensing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18544 of 2026
                    Arising Out of PS. Case No.-461 Year-2025 Thana- RAFIGANJ District- Aurangabad
                 ======================================================
                 Om Prakash Kumar @ Om Prakash Yadav @ Dr. Prakash Yadav S/o- Kailash
                 Yadav village- Manjathi PS- Bandeya District- Aurangabad

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vinod Kumar
                 For the Opposite Party/s :       Mr.Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   08-04-2026         1.   Heard learned Counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Rafiganj Police Station Case No. 461 of 2025, dated

                            17.11.2025, disclosing offences under Sections 105/3(5)

                            of the Bhartiya Nyaya Sanhita, 2023.

                       3.   The prosecution case, as per the First Information Report,

                            is that the informant, on 14.11.2025, took his wife to the

                            Central Hospital, Rafiganj, run by Dr. Prakash Yadav, for

                            the treatment of stomach pain on the saying of Gautam

                            Kumar. Dr. Prakash Yadav admitted the wife of the

                            informant, but in the evening, the health of the wife of the

                            informant deteriorated and later on she died. After the

                            death of the wife of the informant, Dr. Prakash Yadav, i.e.
Patna High Court CR. MISC. No.18544 of 2026(2) dt.08-04-2026
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                   the petitioner and Gautam Kumar fled away after

                   switching off their mobiles.

              4.   Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   the present case due to village politics. He further submits

                   that the petitioner is not a doctor and the said hospital is

                   run by one Dr. Vinod kumar. The petitioner is in no way

                   connected with the hospital and or the alleged offence.

              5.   Learned Additional Public Prosecutor opposes the prayer

                   for anticipatory bail and submits that the petitioner is the

                   owner of the hospital and the same was being run without

                   any valid documents and without qualified doctor having

                   requisite qualification.

              6. I have heard learned counsel for the parties.

              7.   From perusal of the material on record and the First

                   Information Report, it transpires that the petitioner is

                   allegedly the proprietor of the hospital, but no valid

                   papers have been produced regarding his qualification,

                   who appears to be quack. If hospital is run by unqualified

                   doctors (quacks), it could have serious repercussions on

                   public health. It could undermine trust in the health care

                   system, accordingly, I am not inclined to grant the
            Patna High Court CR. MISC. No.18544 of 2026(2) dt.08-04-2026
                                                        3/3




                              petitioner privilege of anticipatory bail.

                          8. This application is, accordingly, rejected.



                                                                           (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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