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2026 DAILYLAW 10794 (JHR)

AMRESH KUMAR v. THE STATE OF JHARKHAND

B.A./11031/2025 · 2026-01-07

Gautam Kumar Choudhary

body2026

Judgment text

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2026:JHHC:272 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 11031 of 2025 ------ 1. Amresh Kumar, S/o Rajkishor Thakur, R/o Village- Alalpur, PO and PS- Tikari, District- Gaya (Bihar). 2. Ritesh Kumar, S/o Mangar Yadav, R/o Village- Aurangabad, PO and PS- Aurangabad, District – Gaya (Bihar)..... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ……….. CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ……….. For the Petitioners : Mr. A. K. Chaturvedy, Advocate For the State : Mrs. Vandana Bharti, APP ------ Order No.02 / Dated : 07.01.2026. Heard both the sides. The petitioners, above-named are in custody since 11.09.2025 in connection with Simariya [Chatra] P.S. Case No.157 of 2025 for the offence registered under Sections 125, 318(2), 319(2), 289, 336(2), 336(3), 3(5) of BNS, 2023 and under Section 41 of Clinical Establishments (Registration and Regulation) Act. As per the FIR lodged by the Medical Officer, In-charge Referal Hospital, Simiariya, on surprise inspection conducted in the premises of the said Hospital, it was found that relevant registers were not being kept properly. It was also found that Ritesh Kumar (Petitioner No.2) was prescribing medicines as well as giving injections to the patients and he did not have any medical degree for the same. It is submitted by the learned counsel on behalf of petitioners that petitioners are the employees of Paras Hospital. It is submitted that offences under the B.N.S., 2023 will not be made out and at best, it will be a case of violation of Section 41 of the Clinical Establishments (Registration and Regulation) Act which is punishable with fine only. It is also submitted that similarly situated co-accused persons have been granted anticipatory bail by the Co-ordinate Bench of this Court. Learned A.P.P. opposed the prayer for bail. It is submitted that the charge-sheet has already been submitted under the provisions of B.N.S. Considering the nature and gravity of offences, the above-named petitioners are directed to be released on bail on furnishing bail bond of Rs.25,000/-(Twenty-Five Thousand) each with two sureties of the like 2026:JHHC:272 2 amount each to the satisfaction of the Court below. (Gautam Kumar Choudhary, J.) Sandeep/ Uploaded 8.01.2026