Patna High Court
Manish Kumar @ Manish Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
Manish Kumar Yadav was arrested in connection with a case alleging negligence that led to the death of an informant's daughter during a post‑operative period after childbirth. The prosecution charged him under Sections 319(2), 318(4), 105, 352, 351(2) and 61 of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he was falsely implicated, is not the owner or medical staff of the hospital where the incident occurred, and has no prior criminal record. The State opposed bail, arguing the seriousness of the charges. After considering the facts, the court found no compelling reason to keep the petitioner in custody and ordered his release on bail with a bond of Rs.15,000 and two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges of negligence and related offences under the Bharatiya Nyaya Sanhita, 2023
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 105, 318(4), 319(2), 351(2), 352, 61
Subjects
- bail
- criminal procedure
- medical negligence
- false implication
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76814 of 2025
Arising Out of PS. Case No.-290 Year-2024 Thana- LAXMIPUR District- Jamui
======================================================
Manish Kumar @ Manish Kumar Yadav S/O Laldhar Prasad Yadav @
Lakhan Yadav R/o - Kudila, P.S - Gidhaur, District - Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar, Advocate
For the Opposite Party/s : Ms.Rina Sinha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with
Laxmipur P.S. Case No. 290 of 2024, instituted for the offences
under Sections 319(2), 318(4), 105, 352, 351(2) and 61 of the
Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that due to negligence
of the petitioner, the daughter of the informant died during post
operative period after bearing a child.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. He
further submitted that petitioner is not the owner of Maa Durga
Emergency Hospital, Kenuhat, rather, one Santosh Sah is the
owner of the said hospital. The petitioner is neither Doctor nor
Patna High Court CR. MISC. No.76814 of 2025(3) dt.28-01-2026
2/2
compounder of the said hospital. The daughter of informant died
during course of delivery being helped by Asha worker, who
subsequently advised to admit the deceased at Maa Durga
Hospital. It has been submitted on behalf of the petitioner that
the petitioner is in custody since 17.07.2025 and has no criminal
antecedent.
5. Learned A.P.P. 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, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
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 Laxmipur P.S. Case
No. 290 of 2024.
(Rudra Prakash Mishra, J)
manish/-
U T
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