Patna High Court
Subodh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Subodh Kumar was arrested on 7 September 2025 in connection with a case concerning the death of an informant's wife after delivery at Raj Nandani Hospital, alleged to be due to medical negligence. He is charged under Sections 106(1) and 3(5) of the Bihar Nursing Service Act. The petitioner contended that he has a clean antecedent, was falsely implicated, is neither the owner nor a doctor of the hospital, and that the earlier bail granted to him was later cancelled. The State opposed the bail, arguing the seriousness of the charges. The Court, noting the petitioner's clean record, the prior grant and subsequent cancellation of bail, and the fact that the co‑accused doctor had been released on bail, ordered that the petitioner be released on bail of Rs.10,000 with two sureties and imposed conditions regarding trial attendance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 106(1) and 3(5) of the Bihar Nursing Service Act despite the cancellation of a previously granted bail.
- Whether the petitioner's clean antecedent and the bail granted to the co‑accused doctor justify release on bail.
Subjects
- bail
- criminal procedure
- negligence
- hospital death
- Bihar Nursing Service Act
- clean antecedent
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89311 of 2025
Arising Out of PS. Case No.-138 Year-2024 Thana- KHODAWANDPUR District- Begusarai
======================================================
Subodh Kumar Son of Lalan Mahto Resident of Village- Chalki, P.S.-
Khodawandpur, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the State : Mrs. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr. Shashank Shekhar, learned counsel for the
petitioner and Mrs. Madhuri Lata, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
07.09.2025, in connection with Khodawandpur P.S. Case No.
138 of 2024, F.I.R. dated 05.11.2024 registered for the offences
punishable under Sections 106(1) and 3(5) of the B.N.S.
3. As per prosecution case, informant got admitted his
wife in Raj Nandani Hospital, Meghaul for delivery where she
gave birth to a girl child on 03.11.2024 and thereafter on
05.11.2024, the wife of the informant died. The informant
claims that his wife died due to negligence of doctor and
management of the hospital.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
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implicated in the present case. He further submits that earlier
the petitioner has been granted the privilege of regular bail in
the present case but later the same was cancelled by the
competent court of law then the petitioner has surrendered on
07.09.2025 and he is in judicial custody since then. He further
submits that the allegation as alleged in the F.I.R. is false and
fabricated and the petitioner has not committed any offence as
alleged in the F.I.R. and petitioner is neither the owner nor the
doctor of the Hospital in question and petitioner has no role at
all in the performance of operation of the wife of the informant.
He further submits that co-accused person, namely, Amit Kumar
who is doctor of the Hospital in question who has performed the
operation has been granted bail vide order dated 27.08.2025 in
Cr. Misc. No. 59293 of 2025 by a Coordinate Bench of this
Court and the police after investigation submitted chargesheet
against the petitioner and the petitioner is in custody since
07.09.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the fact that the petitioner having clean
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antecedent and earlier the petitioner has been granted bail by the
competent court of law and thereafter the bail bond of the
petitioner was cancelled by the competent court of law and he
has surrendered on 07.09.2025 and co-accused has been granted
bail by a Coordinate Bench of this Court, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Manjhaul at Begusarai in connection with
Khodawandpur P.S. Case No. 138 of 2024, subject to the
following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
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criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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