Patna High Court

Kalimulla AnsariversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Kalimulla Ansari, sought bail after being implicated in a case under sections 318(4) and 319(2) of the Bharatiya Nyaya Sanhita, 2023 and section 34(2) of the National Medical Commission Act, 2019 for allegedly operating a hospital without a valid licence. The prosecution alleged illegal operation of the hospital, while the petitioner claimed innocence, asserting no illegality in patient treatment and a clean antecedent. The State opposed the bail application, emphasizing the seriousness of the allegations. The Court, after hearing both sides, considered the nature and gravity of the accusations. It concluded that the seriousness warranted denial of bail and rejected the petitioner's prayer for release.

Issues considered

Whether bail should be granted to the petitioner in a case involving alleged illegal operation of a hospital under sections 318(4), 319(2) of the Bharatiya Nyaya Sanhita and section 34(2) of the National Medical Commission Act

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2)
National Medical Commission Act, 2019 — s. 34(2)

Subjects

bail
criminal procedure
illegal hospital operation
licensing
Bharatiya Nyaya Sanhita
National Medical Commission Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.91806 of 2025
                       Arising Out of PS. Case No.-97 Year-2025 Thana- IMADPUR District- Bhojpur
                 ======================================================
                 Kalimulla Ansari Son of Najabuddin Ansari @ Md. Nizamuddin Resident of
                 Village - Samahuta, P.S.- Kachhawa, District - Rohtas
                                                                              ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Nawal Kishore Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   04-02-2026                  Heard learned counsel for the parties.
                                2. Petitioner apprehends arrest in a case registered for
                   the offence punishable under sections 318(4) and 319(2) of the
                   Bharatiya Nyaya Sanhita, 2023 and 34(2) of the National
                   Medical Commission Act, 2019.
                                3. As per prosecution case, the petitioner was illegally
                   running a hospital without having valid licence.
                                4. Learned counsel appearing for the petitioner
                   submits that the petitioner is innocent and has falsely been
                   implicated in this case. During investigation, no illegality has
                   been found with respect to treatment of the patient. Petitioner
                   claims clean antecedent.
                                5. Learned counsel for the State opposes the prayer
                   for bail.
                                6. Considering the nature and gravity of accusation,
                   prayer for bail of the petitioner is rejected.



Shashi                                    (Prabhat Kumar Singh, J)
U      T

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