IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90504 of 2025 Arising Out of PS. Case No.-121 Year-2025 Thana- JANDAHA District- Vaishali ====================================================== Rohit Kumar Singh @ Rohit Kumar Rocky S/o Rajiv Singh R/o vill- Mahisaur, Jandaha, P.S- Mahisaur Jandaha, District- Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate For the State : Mr. Jitendra Kumar Singh, APP : Mr. Prashant Pratap, GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 4 01-05-2026 Earlier, this case was tagged vide order dated 15.01.20226 with the Cr. Misc. No.90533 of 2025 but now stands separated. 2. Heard Mr. Sabal Kumar Jha, learned counsel for the petitioner, Mr. Prashant Pratap, learned GP-2 and Mr. Jitendra Kumar Singh, learned APP. 3. The petitioner is apprehending his arrest in connection with Jandaha P.S. Case No. 121 of 2025 registered for the offence under Sections 319(2), 318(1), 338, 336(3), 340(2), 125(a) and 125(b) and 125 of the B.N.S., lodged on 21.03.2025 by the informant, Dr. Ravindra Kumar. 4. As per the prosecution story, during the surprise inspection relating to the illegal running of Clinic/Hospital in Jandaha Block that: Patna High Court CR. MISC. No.90504 of 2025(4) dt.01-05-2026 2/7 (i) research child care unit; (ii) new jiwan health care; (iii) maa shobha hospital; (iv) leafty life emergency hospital. 5. Having found the irregularity and the same being run without any proper approval of the State Government, the illegal units were sealed and the officials named as accused. 6. Learned counsel for the petitioner submit that no such hospital was running nor there is any complaint but now the F.I.R. has been lodged against them. Further, he has no criminal antecedent and if granted relief, shall not indulge in anything related to the health services. The last submission is that without accepting the allegation and/or outcome of the present petition, he intends to pay Rupees One Lakh the to Old Age Home namely Apna Ghar, C-7, Rajbanshi Nagar, Patna, Bihar-800001 by demand Draft issued by the local branch of State Bank of India/any Nationalized Bank to be submitted before the Trial Court at the time of surrender. 7. Learned APP opposes the prayer submitting that not only F.I.R. lodged, fine was also imposed against the petitioner. 8. This Court having taken note of the illegal Patna High Court CR. MISC. No.90504 of 2025(4) dt.01-05-2026 3/7 functioning of the Hospital/Nursing Homes/Pathological Clinics, earlier in the case of Dr. Dilip Kumar @ Hari Shankar Pandit (Cr. Misc. No. 43257 of 2025) relating to Bhojpur had sought instruction from the Health Department, Bihar, Patna on how the Hospital/Nursing Homes with 1 to 40 beds can run without any registration. 9. Learned GP-2 has filed affidavit in Cr. Misc. No. 90533 of 2025 to show that the committee constituted for the purpose have submitted their report and this Court would like to incorporate paragraph nos. 6 to 12 which read as follows: “6. That in view of the order of this Hon'ble Court passed in the case of Dr. Dilip Kumar @ Hari Shankar Pandit (Cr. Misc. No. 43257 of 2025), a six-member committee headed by Dr. Pramod Kumar Singh, Director-in-Chief, Health Services, Bihar, Patna was constituted by the Health Department by office order memo No. 1853 dated 02/09/2025 to issue guidelines at departmental level for controlling Hospitals/Nursing homes with 01-40 beds running in the surgencies. 7. That it is humbly and respectfully Patna High Court CR. MISC. No.90504 of 2025(4) dt.01-05-2026 4/7 stated and submitted that the matter is being thoroughly reviewed by the committee to provide a necessary guidelines to regulate 1-40 bedded hospitals/Nursing homes. 8. That although the constituted committee examined the matter thoroughly but did not report submitted its to the Department due to retirement of its four members including Chairman and further due to transfer of its one member. 9. That considering the seriousness of the matter, the Health Department, Government of Bihar has constituted a fresh six member committee headed by Dr. Rekha Jha, Director-in- Chief (Nursing), Health Services, Bihar, Patna by Health Department by office order memo No. 199(18B) dated 20/02/2026 to submit a final report for issuance of guidelines at departmental level for controlling Hospitals/Nursing homes with 01-40 beds running in the surgencies. 10. That a report has been submitted on behalf of the newly constituted committee for Patna High Court CR. MISC. No.90504 of 2025(4) dt.01-05-2026 5/7 developing such guidelines for controlling Hospitals/Nursing homes with 01-40 beds running in the surgencies. 11. That on receipt of report on behalf of Committee, a draft of Rules for controlling Hospitals/Nursing homes with 01-40 beds running in the surgencies has been prepared by the Health Department, Bihar upon which an opinion of Law Department has been obtained and now the said draft rules is going to be placed before Finance Department and thereafter matter will be placed before the competent authority. 12. That after final approval granted by the competent authority, a necessary notification will be issued by the Health Department, Bihar. 10. This Court expects from the Health Department to act in the matter expeditiously as life of each and every citizen in the State of Bihar is precious and we cannot allow any one to play with the life of an innocent and needy person. 11. So far as the present case is concerned, Patna High Court CR. MISC. No.90504 of 2025(4) dt.01-05-2026 6/7 considering the aforesaid submissions as also the undertakings given, this Court is inclined to grant interim relief to the petitioner subject to payment of Rupees One Lakh to Old Age Home namely Apna Ghar, C-7, Rajbanshi Nagar, Patna, Bihar-800001 by demand Draft issued by the local branch of State Bank of India/any Nationalized Bank to be submitted at the time of execution of bail bond before the Trial Court. 12. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Jandaha P.S. Case No. 121 of 2025 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide; (ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation; (iii) the petitioner shall appear on each and every date Patna High Court CR. MISC. MISC. No.90504 of 2025(4) dt.01-05-2026 7/7 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. vinayak/- (Rajiv Roy, J) U T