Patna High Court
Bijay Bhushan PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the completed enquiry report finding no negligence precludes further adjudication of the petition.
Summary
Petitioner Bijay Bhushan Prasad filed a public interest writ petition seeking a mandamus directing the Bihar government to appoint a judicial enquiry into the deaths of several patients, including a child, at Patna Medical College and Hospital, alleging systemic negligence. The respondents, including the State Health Department and hospital officials, filed a counter‑affidavit stating that a four‑member enquiry committee had already investigated and found no negligence, attaching the enquiry report. The Court examined the counter‑affidavit and the attached report, noting that the enquiry had been completed and the findings were conclusive. Since the matter had already been investigated and no negligence was established, the Court held there was no issue left for adjudication. Consequently, the petition was disposed of without further orders.
Issues considered
- What is the appropriate remedy under Article 226 when a public interest petition alleges medical negligence and systemic failure?
- Whether the existence of a completed enquiry report finding no negligence bars the Court from ordering a fresh judicial enquiry or other reliefs.
Subjects
- Public Interest Litigation
- Writ of Mandamus
- Medical Negligence
- Judicial Enquiry
- Fundamental Rights
- Compensation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20409 of 2025
======================================================
Bijay Bhushan Prasad Son of Late Tulsi Ray, Resident of Village- Ramaiya,
Police Station- Mohiuddin Nagar, District - Samastipur. At present residing at
flat no-202, Vijay Shanti Vihar Apartment, Mahesh Nagar, Shiv Puri Road no-
2 Manas Marg Patna 23 Mobile no 9934262647.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Health,
Government of Bihar, Patna.
2. The Principal Secretary, Department of Health, Government of Bihar, Patna.
3. The Director, Department of Health, Government of Bihar, Patna.
4. The Superintendent, Patna Medical College and Hospital, Ashok Rajpath
Patna
5. Dr. Mahesh Prasad, Fathers name not known, Unit Head, Department of
Orthopedics, PMCH, Patna.
6. Dr. Rahul Kumar, Fathers name not known, at present posted as Junior
Doctor, Department of Department of Orthopedics, PMCH, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rani Shashi Bharti, Advocate
For the Respondent/s : Mr. P. K. Shahi, Advocate General
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 16-02-2026
The petitioner Bijay Bhushan Prasad has filed this
writ petition in the nature of Public Interest Litigation seeking
following reliefs:
“I. For issuance of a writ in the
nature of writ of Mandamus or any appropriate
writ/s, order/s direction/s direction for
appointment of judicial Enquiry Commission in
the matter of recent death of several patient at
PMCH including Miss Awantika Roy a 3 years
Patna High Court CWJC No.20409 of 2025 dt.16-02-2026
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child as a result of systemic negligence and
inadequate healthcare infrastructure and nexus of
Doctor-torts-Medicine Shopkeeper and other
medical Staff.
Π. For issuance of a writ of
mandamus or an appropriate writ directing the
state Government to fix accountability of
Doctors/Administration responsible for the
negligence.
III. For issuance of an appropriate
writ directing the respondents to constitute an
independent monitoring committee to oversee
patient’s safety and hospital management at
PMCH.
IV. For issuance of an appropriate
writ directing the respondent to award
compensation to the family of the deceased for
violation of their fundamental rights.”
2. Counter affidavit has been filed on behalf of
respondent no.4-Dr. Aravind Kumar Sinha, the Deputy
Superintendent, Patna Medical College and Hospital, Patna,
stating in paragraph no.14, as follows:
“14. That four members enquiry
committee made a proper enquiry in the matter
mentioned above. After enquiry, the Chairman of
the four members enquiry team through his letter
dated 19.12.2025 as contained in the Letter No.
1047/Ortho/25 dated 19.12.2025 submitted the
enquiry report dated 15.12.2025 to the
Patna High Court CWJC No.20409 of 2025 dt.16-02-2026
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Superintendent, PMCH, Patna in which it has
been mentioned and recorded by the enquiry team
that the patient namely Miss Awantika (deceased)
was properly and correctly treated at the PMCH,
Patna and no negligence on the part of doctors
involved in treatment has been found by the
enquiry team.”
3. Having gone through the afore noted paragraph,
it clearly reveals that not only an enquiry committee was
formed, but also the enquiry report has been submitted and it
was found that there was no negligence on the part of the
Doctors in the treatment of the patient, who died unfortunately.
The enquiry report has also been annexed to the counter
affidavit.
4. In view of such counter affidavit filed, nothing
more remains to be adjudicated in this Public Interest Litigation.
5. Accordingly, the same stands disposed of.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.02.2026
Transmission Date NA
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