Patna High Court
Rajesh Basfor @ Rajesh Baskhor @ Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to all petitioners, finding no prima facie case of intent to cause death and accepting the compromise petition.
Summary
The petitioners, Rajesh Basfor and family members, were named in an FIR for alleged assault causing bodily injuries with an alleged intention to cause death, under several sections of the Bihar Negotiable Statutes (BNS) and the Witch Craft Prohibition Act. They contended that the incident arose from a neighbourhood dispute that has since been settled, submitting a compromise petition and asserting a clean antecedent. The State opposed the bail application, arguing the seriousness of the offences. The Court observed that the allegations were vague, the medical report showed only simple injuries, and there was no prima facie evidence of intent to cause death. Consequently, the Court ordered the release of all petitioners on bail of Rs.10,000 each, with two sureties, subject to conditions under Section 482(2) of the BNS.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged in the FIR
- Whether the presence of a compromise petition and simple nature of injuries negate a prima facie case of intent to cause death
- Whether Section 482(2) of the Bihar Negotiable Statutes can be invoked to grant bail
Subjects
- bail
- assault
- prima facie
- compromise petition
- criminal procedure
- Witch Craft Prohibition Act
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10660 of 2026
Arising Out of PS. Case No.-20 Year-2025 Thana- IMAMGANJ District- Gaya
======================================================
1. Rajesh Basfor @ Rajesh Baskhor @ Rajesh Kumar S/o Rajkumar Basfor
R/o vill - Janakpur, Raiganj Hat Bazar, P.S.- Imamganj, District- Gaya
2. Neha Kumari W/o Rajesh Basfor @ Rajesh Baskhor @ Rajesh Kumar R/o
vill - Janakpur, Raiganj Hat Bazar, P.S.- Imamganj, District- Gaya
3. Shivbarat Basfor @ Shivrat Basfor @ Shivrat Baskhor S/o Bahiru Basfor @
Bahiru Baskhor R/o vill - Janakpur, Raiganj Hat Bazar, P.S.- Imamganj,
District- Gaya
4. Bela Devi W/o Shivbarat Basfor @ Shivrat Basfor @ Shivrat Baskhor R/o
vill - Janakpur, Raiganj Hat Bazar, P.S.- Imamganj, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Javed Jafar Khan
For the Opposite Party/s : Mr.Parmanand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-02-2026 Heard the parties.
2. The petitioners are named in the
F.I.R. and apprehending their arrest in
connection with Imamganj P.S. Case No. 20 of
2025 registered for the offences punishable
under Sections 190, 191(2), 126(2), 115(2),
118(1), 109 of BNS and Section ¾ of Witch
Craft Prohibition Act.
3. As per FIR, petitioners alleged to
Patna High Court CR. MISC. No.10660 of 2026(2) dt.23-02-2026
2/3
assault informant and others causing head and
bodily injuries, where alleged assault was made
with an intention to cause their death.
4. It is submitted by learned counsel
appearing on behalf of the petitioners that
occurrence took place out of neighborhood
dispute and differences. It is submitted that
injury as alleged to be caused by petitioners
upon medical examination found simple in
nature and moreover dispute and differences
between the parties appears settled in view of
compromise petition, which is part of present
bail petition which is annexed as Annexure-2.
Petitioners claimed clean antecedent.
5 Learned APP opposes the prayer of
bail.
6. In view of aforesaid factual
submission and by taking note of fact as
allegation qua physical assault is appearing
very general and omnibus against petitioners,
coupled with the fact that upon medical
Patna High Court CR. MISC. No.10660 of 2026(2) dt.23-02-2026
3/3
examination injuries upon informant found
simple in nature negating prima-facie intention
to cause death, accordingly all above-named
petitioners, in the event of their arrest or
surrender before the court below within a
period of four weeks, are directed to be
released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the
satisfaction of the learned JM 1st Class,
Sherghati, Gaya /concerned Court, where the
case is pending in connection with Imamganj
P.S. Case No. 20 of 2025, subject to the
conditions as laid down under Section 482(2) of
BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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