IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90533 of 2025 Arising Out of PS. Case No.-146 Year-2025 Thana- RAJAPAKAR District- Vaishali ====================================================== Bindeshwar Sah @ Dr. Bindeshwar Saw @ Bindeshwar Prasad Sah Son of Late Ram Prasad Sah Resident of Village - Ahmedpur, Lakhni (Shivganj), P.S.- Rajapakar, District - Vaishali. ... ... Petitioner/s Versus 1. The State of Bihar 2. The Secretary, Dept of Health, Bihar, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjit Kumar Thakur, 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.90504 of 2025 but now stands separated. 2. Heard Mr. Ranjit Kumar Thakur, learned counsel for the petitioner, Mr. Prashant Pratap, learned GP-2 and Mr. Jitendra Kumar Singh, learned APP. 3. The petitioner is apprehending arrest in connection with Rajapakar P.S. Case No. 146 of 2025 instituted under Sections 319(2), 318(1), 338, 336(3), 340(2), 125(a), 125 of the Bhartiya Nayay Sanhita, 2023 lodged on 02.05.2025 by the informant XX. 4. As per the prosecution story, during surprise Patna High Court CR. MISC. No.90533 of 2025(4) dt.01-05-2026 2/7 inspection relating to illegal running of Clinic/Hospital in the district, certain Hospitals including the hospital of the petitioner was/were found to be running illegally and without registration. This led to the FIR. 5. 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 to the 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. 6. Learned APP opposes the prayer submitting that not only F.I.R. lodged, fine was also imposed. 7. A counter affidavit on behalf of the Civil Surgeon, Vaishali has come. 8. This Court having taken note of the illegal functioning of the Hospital/Nursing Homes/Pathological Clinics, earlier in the case of Dr. Dilip Kumar @ Hari Shankar Patna High Court CR. MISC. No.90533 of 2025(4) dt.01-05-2026 3/7 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 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 stated and submitted that the matter is being thoroughly reviewed by the committee to provide Patna High Court CR. MISC. No.90533 of 2025(4) dt.01-05-2026 4/7 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 developing such guidelines for controlling Hospitals/Nursing homes with 01-40 beds Patna High Court CR. MISC. No.90533 of 2025(4) dt.01-05-2026 5/7 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. 11. So far as the petitioner is concerned, considering the aforesaid facts/submissions put forward by the parties, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rupees One Lakh to Old Age Home Patna High Court CR. MISC. No.90533 of 2025(4) dt.01-05-2026 6/7 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. 11. 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 Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Rajapakar P.S. Case No. 146 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 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; Patna High Court CR. MISC. MISC. No.90533 of 2025(4) dt.01-05-2026 7/7 (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