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Patna High Court

Rajesh Basfor @ Rajesh Baskhor @ Rajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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