Rahul Kumar @ Dilkhush Jha v. The State of Bihar
Anticipatory bail – Sections 105, 3(5) BNS 2023
Case brief
What is this about?
Patna High Court, CRIMINAL MISCELLANEOUS No.23557 of 2025, oral order dated 03-11-2025 by Justice Nawneet Kumar Pandey. Anticipatory bail allowed to Rahul Kumar @ Dilkhush Jha, manager of Srishti Nursing Home, in Simri Bakhtiyarpur P.S. Case No. 439 of 2024 (Sections 105 and 3(5) of the BNS, 2023), District Saharsa, concerning death of a patient after surgery allegedly done by a nurse without proper medical expertise; court found petitioner neither treated the patient nor directed the operation; bail bond Rs. 10,000 with two like sureties to CJM Saharsa; conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS 2023. Keywords: anticipatory bail, BNS 2023, nursing home manager, medical negligence death, Asha worker, Saharsa.
What did the court decide?
Anticipatory bail granted: petitioner to be released upon arrest or surrender within four weeks before the learned court below, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa, in connection with Simri Bakhtiyarpur P.S. Case No. 439 of 2024, subject to the conditions laid down under Section 438(2) Cr.P.C./482(2) of the BNSS, 2023.