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Patna High Court

Subodh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.89311 of 2025(2) dt.15-01-2026
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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
Patna High Court CR. MISC. No.89311 of 2025(2) dt.15-01-2026
                                            3/4




          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
               Patna High Court CR. MISC. No.89311 of 2025(2) dt.15-01-2026
                                                           4/4




                         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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