Disposed

Devesh Sharma v. the State of Bihar through Chief Secretary, Patna, Bihar

Patna HC17 Aug 2021CR. WJC/607/2021

Case brief

AI extract

What is this about?

In a criminal writ petition, the High Court directed the State to constitute a medical board to examine the health condition of Swami Hari Narayana Nand, ensure his safety and security, and noted that grievances regarding trust property management should be addressed through the Bihar Hindu Religious Trust Board. The petition was disposed.

What did the court decide?

Direction to constitute a medical board, ensure safety and security of Swami Hari Narayana Nand, and reference to Bihar Hindu Religious Trust Board for property grievances.

Devesh Sharma Vs the State of Bihar through Chief… — Service and Employment | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.607 of 2021

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Arising Out of PS. Case No.- Year-0 Thana- District- Patna

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======================================================

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DEVESH SHARMA S/O Shri Jagat Narayan Sharma, Manager, Bihar Sanskritik Vidyapeeth, R/O Sankritik Vidyapeeth Campus P.S. Raja bazaar, Dist - Patna-14.

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... ... Petitioner/s

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Versus

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The State of Bihar through Chief Secretary, Patna, Bihar

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The Principal Secretary, Health Department, Patna, Bihar.

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The Director, Health Department, Patna, Bihar

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The Chief Medical officer, Patna, Bihar

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The Director General of Police, Old Secretariat Patna, Bihar

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Senior Superintendent of Police, Gandhi Maidan Patna, Bihar

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The officer in Charge, Gandhi Maidan Police Station, Patna. Bihar

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Respondent (1^st set)

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The Director, Tara Hospital, Near Gandhi Maidan, Bank Road, Patna, Bihar. Bihar

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Swami keshwanand, Acting VC, Bihar Sanskritik Vidyapeeth R/O Raja Bazaar, Patna-14, Dist - Patna.

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Ravi Bhushan Sharma R/o Kayakalp, Rajendra Nagar, Road No. 2, Dist - Patna.

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Mahant Kamal Narayan Das Village - Parsagarh, Post- Ekma, District – Siwan

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Respondent (2^nd set)

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Swami Hari Narayana Nand, Founder-cum- Chairman, Bihar Sanskritik Vidyapeeth, Tara Hospital, Bank Road, Gandhi Maidan, Patna.

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Shri Jagat Narayan Sharma Sanchalak-Cum- Paden- Sadasya, Bihar Sanskritik Vidyapeeth. Raja Bazaar- 14, District - Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rajendra Nath Sinha, Advocate For the Respondent/s : Mr. Lalit Kishore, AG Mr. Rajesh Kumar Mr. Lakshmi Kant Sharma, Advocates

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

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Patna High Court CR. WJC No.607 of 2021 dt.17-08-2021 2/5

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(The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

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Date : 17-08-2021

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Heard learned counsel for the petitioner and learned

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Advocate General for the State.

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Petitioner has prayed for following reliefs:1. For direction to the respondent no.5,6 and 7 to protect the life of Swami Hari Narayana Nand and release him from illegal captivity from private respondent nos.9, 10 and 11.

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For direction to the respondent nos.5, 6 and 7 to free him from the illegal captivity of private respondent nos.8, 9, 10 and 11 and entrust him to government management for his better treatment.

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For direction to respondent 1, 2 and 3 to immediately shift Swami Hari Narayana Nand, founder of the Bharat Sewak Samaj and founder chairman of Bharatiya Sanskritik Vidyapeeth ought to be shifted at Patna AIIMS or Delhi for his better treatment.

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To what other relief or reliefs the petitioner is entitled may kindly be given.”

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After hearing learned counsel for the petitioner and

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learned Advocate General on behalf of State of Bihar, this Court on 11.6.2021 passed the following order:-

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“ Heard Mr. Rajendra Nath Sinha learned counsel for the petitioner and Mr. Lalit Kishore, learned Advocate General for the State of Bihar.

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Let a Medical Board inclusive of expert and specialist Doctors be constituted by the Govt. of Bihar to examine the health condition of Swami Hari Narayana Nand founder Chairman of Bihar Sanskrit Vidyapeeth, Patna, who at present is being treated in Tara Nursing Home, Bank Road, Gandhi Maidan, Patna, where he was admitted in the year-2018. State shall also ensure safety and adequate security of said Swami Hari Narayana Nand, for which necessary steps shall be taken by the Govt. of Bihar.

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List this case on 28.06.2021, on which date the report of Medical Board shall be placed before this Court.

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In compliance of order passed by this Court, a

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Patna High Court CR. WJC No.607 of 2021 dt.17-08-2021 3/5

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medical board was constituted by Superintendent PMCH, Patna which examined Swami Hari Narayana Nand, aged about 90 years, admitted and under going treatment in Tara Nursing Home since 2018 on 23.6.2021 and submitted its finding and opinion which is as follows:

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“Sri Swami Harinarayanand approx. 90 years/Male was examined by medical board constituted by Medical Superintendent, PMCH, Patna on 23.06.2021.

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He is under treatment for Toxic/metabolic encephalopathy with behavioural issues, cognitive decline, sleep disturbances, electrolyte imbalance with urinary retention for which catheter is in situ. At present, patient has behavioural issues and needs constant monitoring with help for activities for daily living. He is on antipsychotics for his behavioural issue for which psychiatric consultations needed to decide further course of treatment and referral, if necessary.

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On the basis of opinion given by the medical board on 23.6.2021, a fresh medical board was constituted by the Superintendent, PMCH which examined Swami Harinarayanand, aged about 90 years, on 24.6.2021 and submitted its report which reads as follows:-

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“With reference to the above noted subject a medical board was constituted in the Chairmanship of Prof. (Dr.) Narendra Pratap Singh, HOD; Dr. Sachchidanand Singh, Assistant Professor; Dr. Rahul Rakesh, Senior resident, Psychiatry department, Patna Medical College & Hospital, Patna for Swami Harinarayan Nand, admitted in Tara Nursing Home, Bank Road, Gandhi Maidan Patna was examined

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Patna High Court CR. WJC No.607 of 2021 dt.17-08-2021 4/5

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there on 24.06.2021 at 12 pm. On the basis of examination it was found that he is suffering from Dementia related behavioural disorders for which he needs proper care of his daily activities and medical treatment and supervision. Regarding the symptoms at the time of repeated admission, he needs proper medical treatment. On the basis of current symptoms and severity following medicines are being advised:

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Syrup Valparin (Sodium Valproate)- 2.5 ml, morning-afternoon and night daily

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Tablet Qutan (Quetiapine) 100 mg- morning and night daily

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Tablet Piranulin 1 tablet morning- afternoon and night daily

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Tablet Cerestar 1 tablet daily at night daily

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Tablet Aricep M 1 tablet – morning and night daily.

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It is submitted on behalf of learned Advocate General that in compliance of order passed by this Hon’ble Court to provide adequate security to Swami Hari Narayana Nand, a police officer along with armed police force has been deployed for safety and protection of Swami Hari Narayana Nand and SHO, Gandhi Maidan has been directed to remain vigilant.

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As far as grievances of petitioner with respect to proper management of Trust property is concerned, it is always open to the petitioner to approach Bihar Hindu Religious Trust Board under which the present Trust is registered for redressal of his grievances with respect to mismanagement of the trust

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Patna High Court CR. WJC No.607 of 2021 dt.17-08-2021 5/5

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property by the present Managing Committee.

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With aforesaid observation, this writ petition is disposed

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of.

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(Sanjay Karol, CJ)

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( S. Kumar, J)

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Sanjay/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	27.08.2021
Transmission Date	NA

Devesh Sharma v. the State of Bihar through Chief Secretary, Patna, Bihar

Case brief

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Devesh Sharma v. the State of Bihar through Chief Secretary, Patna, Bihar

Case brief

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