Pankaj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89653 of 2024 Arising Out of PS. Case No.-474 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== Pankaj Kumar Yadav Son of Yugal Yadav @ Jugal Yadav Resident of VillageShahi Road, Madanpur, Ward No. 10, P.S.- Madanpur, District- Aurangabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Adv.

For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-06-2025 Heard learned senior counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Madanpur P.S. Case No. 474 of 2023, lodged on 26.10.2023. under Sections 304, 304(A), 274, 284, 506 and 34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against four named accused persons, including the present petitioner, alleging that the sister-in-law of the informant was admitted to the petitioner's clinic, where she was recommended for a surgical operation. It is alleged that just one hour after the operation, the condition of the patient deteriorated, and she subsequently died. Thereafter, the present case was filed against the petitioner and others.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.89653 of 2024(4) dt.05-06-2025 2/3 petitioner is innocent and has not committed any offence. It is further submitted that the petitioner did not conduct any operation. The condition of the patient was already critical at the time of admission, and it was due to this reason she passed away. Counsel also submits that one criminal case is pending against the petitioner, in which he is on bail. The petitioner has been in custody since 28.08.2024.

5. Learned APP for the State opposes the prayer for bail and submits that the petitioner is a quack and was unnecessarily involved in the operation, which resulted in the death of the patient.

6. Upon a specific query as to whether the charge has been framed, learned counsel for the petitioner submits that the charge has already been framed in this case.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of C.J.M., Aurangabad, in connection with Madanpur P.S. Case No. 474 of 2023, subject to the following conditions as laid down under Section 480(3) of the BNSS as well as with the following additional conditions:-

Patna High Court CR. MISC. No.89653 of 2024(4) dt.05-06-2025 3/3 (i) The petitioner shall not conduct any operation in his clinic in future. In case it is found or brought to the notice of the Court that he is performing or involved in performing any operation, his bail bond shall be liable to be cancelled. (ii) The petitioner shall appear before the concerned police station once every month for a period of two years to mark his attendance.

(Dr. Anshuman, J.) Aman Kumar/- U T