Authority: Patna High Court (Hon’ble Mr. Justice Ritesh Kumar)
Order Date: 08-07-2026
Case Overview
- Petitioners: Santosh Kumar S/o Kameshwar Mahto (resident Jalgobind, Patna) and Raju Kumar S/o Kapindar Yadav (resident Bhubapar, Patna).
- Opposite Party: State of Bihar.
- Criminal case: Bind Police Station Case No. 07 of 2026, alleged offences under Sections 105 and 3(5) of the Bihar Nursing Services Act, 2023.
- Allegation: The informant’s niece was taken to Usha Nursing Home, Bind, for caesarean delivery; Dr. Ajay Kumar performed the operation, after which both the niece and the newborn died. Petitioners, as operators of the nursing home, were alleged to be negligent.
- Petitioners’ claim: They did not perform the operation; only Dr. Ajay Kumar did; they own the nursing home; they have clean antecedents. The informant later filed a petition before the Judicial Magistrate, Nalanda, stating no negligence by petitioners or doctor.
- State’s position: Opposes bail, arguing petitioners’ ownership of the nursing home makes them liable for negligence.
Final Outcome
- The court granted anticipatory bail to both petitioners, conditional on their surrender or arrest within six weeks.
- Bail bond: Rs 10,000 each, with two sureties of equal amount, to be filed with the learned JMFC‑XIII, Nalanda at Biharsharif.
- Conditions: Verification of criminal antecedents; bail may be cancelled if concealment is discovered; acceptance of bail bond shall not be delayed for verification.
Topics: Anticipatory Bail, Medical Negligence