Dr. Kafeel Khan's brother, who was shot at by unidentified assailants, was referred to KGMC hospital in Lucknow after his condition deteriorated.
Dr. Kafeel is an accused in the BRD Medical College case related to the deaths of 63 children.
His brother Kashif Jameel was shot at on Sunday night when he was returning home on his bike near JP Hospital in Humayunpur north area, with three bullets hitting him.
One bullet had hit him in the neck and another on the upper arm and he underwent surgery at a private hospital in Gorakhpur.
According to the hospital, 35-year-old Kashif's surgery was done by Dr. R.V Dubey and the bullets were removed. He has been referred to trauma centre at KGMC.
Kashif is an engineer by profession, and married just a year ago.
Dr. Kafeel accused police of making unnecessary delay in his brother surgery.
Police have denied the allegations.