Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner with conditions, finding no sufficient basis to deny bail.
Summary
The petitioner, Rahul Kumar, sought anticipatory bail fearing arrest in a case involving illegal ultrasound operations at Alok Ultrasound Centre. The FIR alleged violations of sections 318(2), 319(2), 271, 272 of the BNS and sections 4, 18, 23 of the Pre‑Conception and Natal Diagnostic Techniques Act. The prosecution claimed the petitioner was an active member of the Primary Health Centre inspection team, while the defence argued he was merely present at the site and had no criminal antecedent. The court examined the factual matrix, noting that the primary culpability rested with the centre’s proprietor and the radiologist, not the petitioner. Considering his clean record and lack of direct involvement, the court granted anticipatory bail with stringent conditions under Section 438(2) of the Cr.P.C.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. despite alleged involvement in illegal ultrasound activities
- Whether the petitioner’s presence at the site constitutes participation in the alleged offences under the BNS and Pre‑Conception and Natal Diagnostic Techniques Act
Legislation cited
- BNS — s. 271, 272, 318(2), 319(2)
- Criminal Procedure Code — s. 438(2)
- Pre‑Conception and Natal Diagnostic Techniques Act — s. 18, 23, 4
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- medical fraud
- ultrasound centre
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34552 of 2026
Arising Out of PS. Case No.-126 Year-2026 Thana- DAUDNAGAR District- Aurangabad
======================================================
Rahul Kumar S/o Sri Binod Singh R/o Village- Chauram, P.S- Daudnagar,
Dist- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv.
Mr. Purushottam Kumar, Adv.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 19-05-2026 Heard Mr. Ajay Kumar Thakur, learned Counsel for the
petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with
Daudnagar P.S. Case No. 126 of 2026 for the offence registered
under sections 318(2), 319(2), 271, 272 of the BNS and Section 4,
18, 23 of the Pre-Conception and Natal Diagnostic Techniques Act.
3. As per the prosecution story, the Medical Officer,
Primary Health Centre, Daudnagar in line with the Statewide
inspection of all the Nursing Homes/Ultrasound Centre/ Pathological
Centres, went to inspect the Alok Ultrasound when it is alleged that
the proprietor shut it down. Anyhow, it was opened and this
petitioner as also some ladies were present inside it. The printer was
on, documents were printed, no Doctor was available though it was
informed that it is being run by Dr. A.K. Nanda, a radiologist. An
Patna High Court CR. MISC. No.34552 of 2026(2) dt.19-05-2026
2/3
affidavit was shown by Dr. Nanda to show he is serving there.
However, since it was not having any registration nor the Doctor was
present but the ultrasound was being done illegally, the FIR.
4. Learned Counsel for the petitioner submits that even
going by the FIR, while Alok Kumar has been found to be its
proprietor, Dr. A.K. Nanda was running the show. This petitioner was
present at the wrong place having no role to play in the matter.
Further, he do not have criminal antecedent.
5. Learned APP for the State, on the other hand, opposes
the prayer for anticipatory bail submitting that he was an active
member in the said Primary Health Centre.
6. Considering the submissions of the parties as also the
fact that main role has been assigned to Dr. A.K. Nanda and Alok
Kumar, this petitioner has no criminal antecedent, in that
background, this Court is inclined to grant him the anticipatory bail
with conditions.
7. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the order,
shall be released on anticipatory bail on furnishing bail of Rs.
10,000/- (ten thousand) each with two sureties of the like amount
each to the satisfaction of the learned Sub Divisional Judicial
Magistrate, Daudnagar, Aurangabad in connection with Daudnagar
P.S. Case No. 126 of 2026 subject to condition as laid down under
Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.34552 of 2026(2) dt.19-05-2026
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(i) one of the bailor should be the family
members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID) to
show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial court and failure to do so for two consecutive dates
without plausible reason will entail cancellation of his bail bond by
the Trial court itself;
(iii) the petitioner shall appear before the concerned police
station every fortnight for next six months to mark attendance and at
the end of the period, the certificate be submitted to the Court;
(iv) the petitioner shall in no way try to induce or promise
or threat the witnesses or tamper with the evidences, failing which
the State shall be at liberty to take steps for cancellation of the bail
bonds;
(v) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty to
take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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