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Patna High Court

Lalan Prasad @ Dr. LalanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner with conditions, including payment of Rs.1,00,000 to the informant.

Summary

The petitioner, Dr. Lalan Prasad, a registered medical practitioner, was implicated in an FIR (Case No. 98 of 2025) under Section 105 of the Bhartiya Nayay Sanhita, 2023 after the wife of the informant, Mahesh Yadav, died following treatment by the petitioner. The informant alleged negligence, but both parties later reached a compromise, with the petitioner offering Rs.1,00,000 to the informant. The prosecution presented a post‑mortem report indicating that viscera were preserved for chemical analysis, and the investigation was still ongoing. The court noted the petitioner’s clean record, the unresolved cause of death, and the parties’ settlement, and therefore granted anticipatory bail subject to a payment of Rs.1,00,000 to the informant and standard bail conditions under Section 438(2) of the Cr.P.C. The bail order required a bond of Rs.10,000 with two sureties and compliance with several conditions, including cooperation with the investigation and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 105 of the Bhartiya Nayay Sanhita, 2023 in view of the compromise between the parties and the pending investigation.

Legislation cited

Subjects

  • anticipatory bail
  • medical negligence
  • Section 105
  • compromise
  • post‑mortem
  • Cr.P.C. Section 438
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74995 of 2025
                      Arising Out of PS. Case No.-98 Year-2025 Thana- ROSHANGANJ District- Gaya
                 ======================================================
                 Lalan Prasad @ Dr. Lalan S/o Late Ram Das Prasad R/o Village - Guriya
                 (Raushanganj), P.S - Raushanganj, District - Gaya, State - Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ranjeet Tiwary, Advocate
                 For the Opposite Party/s :      Mr. Jitendra Kumar Singh, APP
                 For the Informant        :      Mr. Mritunjay Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   23-02-2026                  Heard Mr.Ranjeet Tiwary, learned counsel for the

                   petitioner and Mr. Mritunjay Kumar Singh, learned counsel for

                   the informant as also Mr. Jitendra Kumar Singh, learned APP for

                   the State.

                                2. The petitioner is apprehending arrest in connection

                   with Raushanganj P.S. Case No. 98 of 2025 instituted under

                   Section 105 of Bhartiya Nayay Sanhita, 2023                       lodged on

                   24.06.2025 by the informant, Mahesh Yadav.

                                3. As per the prosecution story, the informant alleged

                   that his wife was ill, taken to the petitioner but after he gave

                   some medicine, her condition deteriorated, the petitioner took

                   her on his own car for better treatment                  to Sub-Divisional

                   Hospital, Sherghati but she died as declared by the hospital. On
Patna High Court CR. MISC. No.74995 of 2025(3) dt.23-02-2026
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          several occasions, he wife was cured by the petitioner. This

          time, she died and as such the license of the petitioner be

          enquired into.

                       4. Learned counsel for the petitioner submits that he is

          registered with the RMP council after satisfying the said

          council, though at times on personal request, the medicines were

          given to the lady, on that particular day, no such medicine was

          given. When he came to know that she is ill, in his own car,

          took her to the hospital and after the death now he has been

          implicated. The informant, later realizing the fact that the

          petitioner has no role in the matter, both parties have come to

          the compromise and as a goodwill gesture, the petitioner himself

          has offered Rs.1,00,000/- to be paid to the informant by way of

          Demand Draft issued by the local branch of the State Bank of

          India.

                       5. Learned counsel for the informant submits that as

          his wife died, under apprehension, the FIR has been lodged but

          now they have come to terms.

                       6. Learned APP has taken this Court to the case diary

          to show that the post mortem report records that the viscera has

          been preserved for chemical analysis from the FSL.

                       7.    Considering the aforesaid submissions of the
Patna High Court CR. MISC. No.74995 of 2025(3) dt.23-02-2026
                                            3/4




          parties as also the petitioner do not have criminal antecedent,

          the cause of death has still not been ascertained, investigation is

          on, an undertaking has been given that the petitioner shall be

          cooperating in the said investigation, this Court has also taken

          note of the development between the parties, in that

          background, this Court is inclined to extend him the privilege

          of anticipatory bail subject to the payment of Rs.1,00,000/-

          which is to be paid to the informant by way of Demand Draft

          issued by the local branch of the State Bank of India.

                       8. Let the petitioner be released on bail, in the event

          of his arrest or surrender before the concerned court within a

          period of four weeks from the receipt of this order, on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each in connection with Raushanganj P.S. Case

          No. 98 of 2025 to the satisfaction of learned Judicial Magistrate

          1st Class, Sherghati, Gaya subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C. as also the other conditions.

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhar Card/Driving License/Voter ID/Pan Card

          etc.) to show his/her bona fide;

                       (ii) the petitioner shall be appearing before the police
             Patna High Court CR. MISC. No.74995 of 2025(3) dt.23-02-2026
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                       station as and when required for cooperating in the

                       investigation;

                                    (iii) 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;

                                    (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 his bail bonds.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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