Patna High Court

Suraj KumarversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail was granted to the petitioner.

Summary

Suraj Kumar was arrested in connection with the death of a woman during surgery at an illegal medical centre, charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Indian Medical Act. The prosecution’s case relied on a confessional statement of a co‑accused, while the petitioner’s counsel argued that he was not named in the FIR, has no criminal record, and was merely a student with no involvement in the incident. The State opposed bail, citing the seriousness of the offences. The court considered the lack of direct evidence against the petitioner, the duration of his custody since April 2025, and the fact that another co‑accused had already been granted bail. Accordingly, the court granted bail on condition of a cash bond and two sureties.

Issues considered

Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
Whether the confessional statement of a co‑accused provides sufficient basis to continue the petitioner’s detention.
Whether the period of custody already undergone justifies the grant of bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 105, 318(4), 319(2), 3(5)

Subjects

bail
criminal procedure
confession of co‑accused
medical negligence
Bharatiya Nyaya Sanhita
Indian Medical Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57875 of 2025
                      Arising Out of PS. Case No.-265 Year-2024 Thana- KHARIK District- Bhagalpur
                 ======================================================
                 Suraj Kumar Son of Shambhu Thakur Resident of village - Pratap Nagar
                 Kadwa, P.S.- Kadwa, District - Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amrendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   16-01-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with Kharik

                   P.S. Case No. 265 of 2024, instituted for the offences punishable

                   under Sections 105, 319(2), 318(4), 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and Sections 15(2) of the Indian Medical Act.

                                3. The prosecution case, in short, is that informant

                   alleged that his mother died during an operation at an illegal

                   medical centre in Bhagalpur on 09.11.2024. the centre had taken

                   Rs. 35,000/- for the surgery and his mother died during the

                   procedure, after which police conducted a post-mortem and

                   registered the case.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.57875 of 2025(3) dt.16-01-2026
                                            2/3




          petitioner is innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case.

          Learned counsel for the petitioner also submits that the

          petitioner is not named in the FIR. Name of the petitioner has

          transpired in this case on the basis of confessional statement

          made by co-accused, namely, Mukesh Kumar and the same has

          got no evidentiary value. It is next submitted that the petitioner

          is a student of G.N.M. Course of Leader Institute of Higher

          Education at Samastipur and the petitioner has got no concern

          either with the alleged occurrence or with Vishwakarma Health

          Care Clinic and he was not present at the place of occurrence.

          The petitioner is in custody since 20.04.2025 and has got no

          criminal antecedent. Learned counsel for the petitioner further

          submits that other co-accused has been granted regular bail by

          this Court vide order dated 12.11.2025 passed in Cr. Misc. No.

          54462 of 2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.
             Patna High Court CR. MISC. No.57875 of 2025(3) dt.16-01-2026
                                                         3/3




                                    7. Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Kharik P.S. Case

                       No. 265 of 2024.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

Continue reading with your account

Checking your session…