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2026 Supreme(Online)(Pat) 3907

PATNA HIGH COURT
RAJEEV RANJAN PRASAD, PRAVEEN KUMAR, JJ
MUNNA RAI @ MUNNA KUMAR – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL APPEAL (DB) No.1392 of 2024



Advocates:
For the Appellant: Mr. Nilendu Kumar Choudhary
For the Respondents: Mr. Binod Bihari Singh, Mr. Viveka Nand Singh, Mr. Amit Singh

Provisional bail granted for medical treatment under the court's oversight.

Headnote:The appellant requested provisional bail to undergo medical treatment on the basis of a medical team's evaluation stating the need for operative management. After reviewing medical findings regarding the appellant’s health condition and the necessity for surgery, the court ordered the arrangement of medical procedures while ensuring security during hospitalization. The request for bail is granted based on medical needs and court orders for care.

Table of Content
1. court orders medical evaluation and performs oversight. (Para 5)
2. court disposes of the application. (Para 6)

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

7 28-01-2026 Re. I.A. No. 01 of 2025: -

Heard learned counsel for the appellant, learned Additional Public Prosecutor for the State and learned counsel for the informant.

2. By filing this interlocutory application, the appellant is praying for grant of provisional bail for a period of 65 days in order to enable him to undergo operative management (mediscal repair) and Arthroscopic as suggested by the doctor to the appellant.

3. This Court had earlier vide order dated 06.01.2026 directed the Civil Surgeon, Patna, to constitute a team of Medical Officers to examine the appellant and give a clear report as to whether the appellant is required to be admitted in Hospital for a pre-operation and post-operation requirements.

4. The Jail Superintendent, Samastipur, has filed an affidavit. Wherein it is stated that the Civil Surgeon, Patna, constituted a medical team of Dr. S.S. Rai (Surgeon), P.H.C., Daniawa, Dr. Amresh Prasad Sinha (Ortho), P.H.C., Bakhtiarpur and Dr. Vinay Kirshna (Physician), Health Center, Bakhtiarpur. The report of the medical team has been brought on record as Annexure-C to the affidavit. The medical team has opined as under: -

“ mijkDs r of.kZr dSnh ejht fuEuafdr chekjh ls xzflr gS %&

1-Horizontal Tear of Posterior Body and Posterior horn of Medial Meniscus with a vertical tear at junction at body and posterior horn with minimal Joint Effusion.

2- Chronic Anal Fissure.

mijkDs r nksuks of.kZr chekfj;ksa dk bZykt Operative gS]

gM~Mh ls lca af/kr chekjh dk bZykt Arthoscopy ds }kjk fd;k tkuk gS ,oa Annal Fissure dk bZykt LASER ABLATION/Conventional Procedure ls fd;k tk;sxkA mDr Operative Procedure ds lkFk Physiotherapy/Rehabilitation esa yXkHkx 6 ls 7 lIrkg dk le;

yxus dh laHkkouk gSA”

5. Having regard to the aforesaid opinion of the medical team, this Court directs the Civil Surgeon, Patna, and the Superintendent of Patna Medical College and Hospital (PMCH), Patna, to arrange for the operative procedure to be conducted in this matter. The Jail Superintendent, Samastipur, shall get the appellant admitted in the Hospital as and when advised by the Superintendent, PMCH, Patna, and during his admission in the Hospital, appropriate security measures shall be provided by the Jail Superintendent/local Police Station within whose jurisdiction the Hospital lies.

6. A copy of this order be communicated to the Civil Surgeon, Patna, Superintendent, PMCH, Patna, and the Senior Superintendent of Police, Patna.

7. This application stands disposed of accordingly.

(Rajeev Ranjan Prasad, J)

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