Patna High Court
Rohit Kumar Singh @ Rohit Kumar RockyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that interim bail may be granted to the petitioner subject to a monetary undertaking and compliance with prescribed conditions.
Summary
The petitioner, Rohit Kumar Singh, was arrested in connection with a police case alleging violations of several sections of the Bihar Nursing Service Act for operating unregistered medical facilities. He contended that no hospital was actually running and offered to donate Rs. 1 lakh to an old‑age home as a condition for bail. The State opposed, noting that an FIR and a fine had already been imposed. The Court examined the procedural backdrop, including a prior judgment in Dr. Dilip Kumar’s case and the pending formulation of departmental guidelines for 1‑40‑bed hospitals. Considering the petitioner’s lack of prior criminal record, his undertaking, and the need for swift health‑department action, the Court granted interim bail subject to a bail bond of Rs. 10,000, two sureties, and the payment of Rs. 1 lakh to the old‑age home. The order also imposed conditions on the petitioner’s cooperation with the investigation and conduct during the trial.
Issues considered
- Whether the petitioner is entitled to bail pending trial for offences under the Bihar Nursing Service Act.
- Whether the petitioner’s undertaking to pay Rs. 1 lakh to an old‑age home can be a condition for granting bail.
- Whether the pending health‑department guidelines affect the legality of the petitioner’s alleged activities.
Subjects
- bail
- interim relief
- illegal hospital
- health regulations
- criminal procedure
- Bihar Nursing Service Act
- departmental guidelines
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90504 of 2025
Arising Out of PS. Case No.-121 Year-2025 Thana- JANDAHA District- Vaishali
======================================================
Rohit Kumar Singh @ Rohit Kumar Rocky S/o Rajiv Singh R/o vill-
Mahisaur, Jandaha, P.S- Mahisaur Jandaha, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate
For the State : Mr. Jitendra Kumar Singh, APP
: Mr. Prashant Pratap, GP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 01-05-2026 Earlier, this case was tagged vide order dated
15.01.20226 with the Cr. Misc. No.90533 of 2025 but now
stands separated.
2. Heard Mr. Sabal Kumar Jha, learned counsel for
the petitioner, Mr. Prashant Pratap, learned GP-2 and Mr.
Jitendra Kumar Singh, learned APP.
3. The petitioner is apprehending his arrest in
connection with Jandaha P.S. Case No. 121 of 2025 registered
for the offence under Sections 319(2), 318(1), 338, 336(3),
340(2), 125(a) and 125(b) and 125 of the B.N.S., lodged on
21.03.2025 by the informant, Dr. Ravindra Kumar.
4. As per the prosecution story, during the surprise
inspection relating to the illegal running of Clinic/Hospital in
Jandaha Block that:
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(i) research child care unit;
(ii) new jiwan health care;
(iii) maa shobha hospital;
(iv) leafty life emergency hospital.
5. Having found the irregularity and the same being
run without any proper approval of the State Government, the
illegal units were sealed and the officials named as accused.
6. Learned counsel for the petitioner submit that no
such hospital was running nor there is any complaint but now
the F.I.R. has been lodged against them. Further, he has no
criminal antecedent and if granted relief, shall not indulge in
anything related to the health services. The last submission is
that without accepting the allegation and/or outcome of the
present petition, he intends to pay Rupees One Lakh the to Old
Age Home namely Apna Ghar, C-7, Rajbanshi Nagar, Patna,
Bihar-800001 by demand Draft issued by the local branch of
State Bank of India/any Nationalized Bank to be submitted
before the Trial Court at the time of surrender.
7. Learned APP opposes the prayer submitting that
not only F.I.R. lodged, fine was also imposed against the
petitioner.
8. This Court having taken note of the illegal
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functioning of the Hospital/Nursing Homes/Pathological
Clinics, earlier in the case of Dr. Dilip Kumar @ Hari Shankar
Pandit (Cr. Misc. No. 43257 of 2025) relating to Bhojpur had
sought instruction from the Health Department, Bihar, Patna on
how the Hospital/Nursing Homes with 1 to 40 beds can run
without any registration.
9. Learned GP-2 has filed affidavit in Cr. Misc. No.
90533 of 2025 to show that the committee constituted for the
purpose have submitted their report and this Court would like to
incorporate paragraph nos. 6 to 12 which read as follows:
“6. That in view of the order of this Hon'ble
Court passed in the case of Dr. Dilip Kumar @
Hari Shankar Pandit (Cr. Misc. No. 43257 of
2025), a six-member committee headed by Dr.
Pramod Kumar Singh, Director-in-Chief, Health
Services, Bihar, Patna was constituted by the
Health Department by office order memo No.
1853 dated 02/09/2025 to issue guidelines at
departmental level for controlling
Hospitals/Nursing homes with 01-40 beds
running in the surgencies.
7. That it is humbly and respectfully
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stated and submitted that the matter is being
thoroughly reviewed by the committee to provide
a necessary guidelines to regulate 1-40 bedded
hospitals/Nursing homes.
8. That although the constituted
committee examined the matter thoroughly but
did not report submitted its to the Department
due to retirement of its four members including
Chairman and further due to transfer of its one
member.
9. That considering the seriousness of
the matter, the Health Department, Government
of Bihar has constituted a fresh six member
committee headed by Dr. Rekha Jha, Director-in-
Chief (Nursing), Health Services, Bihar, Patna
by Health Department by office order memo No.
199(18B) dated 20/02/2026 to submit a final
report for issuance of guidelines at departmental
level for controlling Hospitals/Nursing homes
with 01-40 beds running in the surgencies.
10. That a report has been submitted
on behalf of the newly constituted committee for
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developing such guidelines for controlling
Hospitals/Nursing homes with 01-40 beds
running in the surgencies.
11. That on receipt of report on behalf
of Committee, a draft of Rules for controlling
Hospitals/Nursing homes with 01-40 beds
running in the surgencies has been prepared by
the Health Department, Bihar upon which an
opinion of Law Department has been obtained
and now the said draft rules is going to be
placed before Finance Department and
thereafter matter will be placed before the
competent authority.
12. That after final approval granted
by the competent authority, a necessary
notification will be issued by the Health
Department, Bihar.
10. This Court expects from the Health Department to
act in the matter expeditiously as life of each and every citizen
in the State of Bihar is precious and we cannot allow any one to
play with the life of an innocent and needy person.
11. So far as the present case is concerned,
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considering the aforesaid submissions as also the undertakings
given, this Court is inclined to grant interim relief to the
petitioner subject to payment of Rupees One Lakh to Old Age
Home namely Apna Ghar, C-7, Rajbanshi Nagar, Patna,
Bihar-800001 by demand Draft issued by the local branch of
State Bank of India/any Nationalized Bank to be submitted at
the time of execution of bail bond before the Trial Court.
12. Let the petitioner be released on bail in the event
of arrest or surrender 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 like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate,
Vaishali at Hajipur, in connection with Jandaha P.S. Case No.
121 of 2025 subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
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before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
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 bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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