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Patna High Court

Dr. Dhiraj Bharti @ Dr. Dhiraj Kumar @ Dhiraj YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the offence is non‑compoundable and the petitioners' professional status could not be verified.

Summary

The petitioners, who claim to be doctors, were charged under the Bhartiya Nyaya Sanhita, 2023 for culpable homicide and related offences, as well as under the Clinical Establishment Act, 2010 and the Indian Medical Council Act, 1956, following the death of a patient treated at their clinic. They applied for anticipatory bail, asserting innocence, a compromise with the complainant, and willingness to comply with bail conditions. The State opposed, highlighting that the offence under Section 105 BNS is non‑compoundable and questioning the petitioners' status as doctors due to lack of certification. The court noted that a compromise cannot be accepted for a non‑compoundable offence and remained doubtful about the petitioners' professional identity. Consequently, the court declined to grant anticipatory bail.

Issues considered

  • Whether anticipatory bail can be granted in a case involving a non‑compoundable offence (culpable homicide not amounting to murder) under the Bhartiya Nyaya Sanhita, 2023.
  • Whether a compromise petition is admissible to secure bail for a non‑compoundable offence.
  • Whether the petitioners' claim of being doctors affects the bail consideration in the absence of documentary proof.

Legislation cited

Subjects

  • anticipatory bail
  • non‑compoundable offence
  • culpable homicide
  • medical negligence
  • compromise petition
  • doctor identity
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27004 of 2026
                          Arising Out of PS. Case No.-174 Year-2025 Thana- Bahera District- Gaya
                 ======================================================
           1.     Dr. Dhiraj Bharti @ Dr. Dhiraj Kumar @ Dhiraj Yadav S/o Baliram Prasad
                  @ Balram Yadav R/o Village- Manjhauli, PS- Wazirganj, Distt.- Gaya
           2.    Dr. Sumitra Devi @ Dr. Sumitra Yadav W/o Rajeev Kumar R/o Mohalla -
                 Naya Bazar, Sherghati, Distt.- Gaya now Gayaji

                                                                                     ... ... Petitioner/s
                                                         Versus

           1.    The State of Bihar
           2.    Nukul Kumar S/o Bado Yadav R/o Gejna Navadih, P.S.- Hunterganj, Distt.-
                 Chatra

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Md.Abu Shajar, Advocate
                 For the Opposite Party/s :        Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   22-04-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Bahera P.S. Case No. 174 of 2025, dated

                   10.12.2025, lodged under Sections 105, 319(2), 318(4) & 3(5)

                   of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as

                   “BNS, 2023”), under Sections 40, 41 & 42 of the Clinical

                   Establishment (Registration and Regulation Act), 2010 and

                   under Section 15 of the Indian Medical Council Act, 1956,

                   pending before the Court of Chief Judicial Magistrate,

                   Sherghati, Gaya.
Patna High Court CR. MISC. No.27004 of 2026(2) dt.22-04-2026
                                            2/3




                       3. As per the prosecution, FIR has been lodged against

          the present petitioners alleging that the petitioners were running

          a clinic, and the informant had approached them for the

          treatment of his wife. It is alleged that after the operation, the

          wife became unconscious and did not regain consciousness,

          after which an injection was administered to her. In the evening,

          another injection was given to the informant’s wife. The

          informant became anxious as his wife remained unconscious.

          Subsequently, both the petitioners, along with the informant’s

          wife, went to Magadh Hospital, from where both petitioners

          fled, and at the said hospital the doctor declared the informant’s

          wife dead. When the informant reached the clinic, he found that

          the signboard had been removed and both petitioners had fled

          after switching off their mobile phones. Thereafter, the

          informant filed the present case.

                       4. Learned counsel for the petitioner submits that the

          petitioners are innocent and have committed no offence.

          Counsel further submits that a compromise has taken place and

          the said compromise was filed before the Additional Sessions

          Judge. It has also been mentioned that the petitioners belong to a

          respectable family and they are ready to fulfil all the conditions

          of the bail bond, if bail is granted to them.
          Patna High Court CR. MISC. No.27004 of 2026(2) dt.22-04-2026
                                                      3/3




                                 5. Learned APP for the State vehemently opposes the

                    prayer for bail of the petitioners and submits that both the

                    petitioners have shown themselves as doctors before this Court,

                    but no certificate of a doctor has been annexed with the bail

                    application, nor is anything stated regarding their identity.

                                 6. From the compromise petition, it transpires that the

                    petitioners have described themselves as village doctors. Section

                    105 of the BNS, 2023, i.e., culpable homicide not amounting to

                    murder, is not a compoundable offence. Therefore, the

                    compromise petition cannot be accepted, and on the basis of the

                    compromise petition, anticipatory bail cannot be granted.

                                 7. This Court, while considering the bail application,

                    is still doubtful as to whether the petitioners are really doctors or

                    not.

                                 8. In the present facts and circumstances, this Court is

                    not inclined to grant anticipatory bail to the petitioners.

                    Accordingly, the prayer for anticipatory bail of the petitioners is

                    hereby rejected.



                                                                         (Dr. Anshuman, J.)
Aman Kumar/-

U     T


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