Md. Ali Raja @ Md. Ali Raza vs The State Of Jharkhand ... .... Opp. ...
2026 Latest Caselaw 793 Jhar

Jharkhand High Court

Md. Ali Raja @ Md. Ali Raza vs The State Of Jharkhand ... .... Opp. ... on 5 February, 2026

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

                                                   2026:JHHC:3087




IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     B. A. No. 11860 of 2025
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Md. Ali Raja @ Md. Ali Raza, S/o Sajam, R/o Mahadeoganj Sri Ram Chowki, P.O. & P.S.-Jirwabari, Dist.-Sahibganj, Jharkhand ... .... Petitioner Versus The State of Jharkhand ... .... Opp. Party

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Petitioner : Mr. Abhishek Kr. Dubey, Advocate For the State : Mr. B. Shastri, A.P.P.

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Oral Order 02 / Dated : 05.02.2026 Heard learned counsel for the parties. The petitioner named above has been made accused in connection with Jirwabari P.S. Case No. 147 of 2024 (G.R. No. 735 of 2025) for the offences registered under Sections 105 and 106(1) of the Bhartiya Nyaya Sanhita, 2023, pending in the court of C.J.M., Sahibganj.

The matter involves the death of a girl child, aged six years, during course of treatment in RIMS, Ranchi allegedly due to negligence in her treatment.

It is submitted by learned counsel for the petitioner that the offence under Section 105 of BNS, 2023 will not be made out, as there was no intention or knowledge on the part of the petitioner in causing death of the patient. The FIR has been lodged after the enquiry by the Medical Officer, Community Health Service, Borio. The enquiry was held in pursuance of the newspaper report that a poor tribal child is suffering from Malaria for want of proper treatment.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the hospital and he is running a medical shop near the hospital. It was the doctors and staffs of the Community Health Centre, Borio who were responsible for negligence in the treatment of the child and the petitioner has only been made escape goat. Even otherwise, offence under Section 304A of IPC is bailable in nature.

2026:JHHC:3087

Learned counsel for the State has opposed the prayer for bail and submitted that the proximate cause of death of a child patient was the intravenous injection which was purchased from the medical shop of the petitioner.

Under the aforesaid facts and circumstances, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of learned Court below.

(Gautam Kumar Choudhary, J.) AKT/Satendra Uploaded 06.02.2026