Patna High Court
Abhay KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Abhay Kumar was arrested on 11 August 2025 in connection with a case filed under Sections 105 and 3(5) of the Bharatiya Nyay Sanhita, 2023, alleging that he, as an assistant at Sanskar Nursing Home, caused the death of Lakhiya Devi through improper medical treatment. The prosecution, represented by the Additional Public Prosecutor, argued that witnesses implicated the petitioner and that the FIR was filed promptly despite a one‑day delay. The petitioner, represented by Advocate Md. Javed Jafar Khan, contended that he is not a qualified medical practitioner, has no criminal antecedent, and was falsely implicated because of his association with the nursing home. The court examined the lack of substantive evidence linking the petitioner to the alleged medical negligence and noted the procedural delay in filing the FIR. Considering the petitioner’s clean record and the weak evidentiary basis, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was issued by Justice Rajesh Kumar Verma of the Patna High Court.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences under Sections 105 and 3(5) of the Bharatiya Nyay Sanhita, 2023.
- Whether the evidence presented by the prosecution sufficiently establishes the petitioner’s participation in the alleged medical negligence leading to death.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 105, 3(5)
Subjects
- bail
- criminal procedure
- medical negligence
- false implication
- Bharatiya Nyay Sanhita
- Section 105
- Section 3(5)
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90844 of 2025
Arising Out of PS. Case No.-101 Year-2025 Thana- Bankebazar District- Gaya
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Abhay Kumar S/O Umesh Prasad Resident Of Village - Kodwariya, P.O.-
Pananiya, P.S. - Banke Bazar, District- Gaya ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Javed Jafar Khan, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
For the Informant : Mr. Vijay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Md. Javed Jafar Khan, learned counsel for the
petitioner, Mr. Vijay Kumar, learned counsel appearing on behalf
of the informant as well as Mr. Sanjay Kumar Tiwary, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
11.08.2025 in connection with Bankey Bazar P.S. Case No. 101
of 2025, F.I.R. dated 11.07.2025 for the offences punishable
under Sections 105, 3(5) of Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that his bhabhi, namely, Lakhiya Devi died due to wrong
treatment and diagnosis given by the petitioner, who is not a
certified medical practitioner.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. As per allegation in the FIR, the
Patna High Court CR. MISC. No.90844 of 2025(2) dt.13-01-2026
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petitioner being assistant of owner of Sanskar Nursing Home
operated the uterus of informant’s bhabhi. He further submits that
the allegation as alleged in the F.I.R. is false and fabricated and
the petitioner has not committed any offences as alleged in the
F.I.R. The petitioner is not MBBS doctor and he has no role at all
in the present case and he has been made accused merely on the
ground that he is the assistant of the owner of Nursing Home in
question. It appears from the FIR that date of the occurrence was
on 10.07.2025 but the FIR was lodge on 11.07.2025 i.e. after
delay of one day without giving any reason of delay and police
after investigation has submitted chargesheet. The petitioner is in
custody since 11.08.2025.
5. The learned counsel appearing on behalf of the
informant as well as learned Additional Public Prosecutor have
vehemently opposed the prayer for bail of the petitioner and
submits that members of witnesses have supported the case of the
prosecution and stated that petitioner was involved in the present
crime in question.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Sherghati, Gaya in connection with Bankey
Patna High Court CR. MISC. No.90844 of 2025(2) dt.13-01-2026
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Bazar P.S. Case No. 101 of 2025, subject to the following
conditions:-
i. 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.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. 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 criminal
antecedent, 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)
Suruchi/-
U T
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