Patna High Court
Santan PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court held that without a complete injury and medical report, the district court cannot pass a reasoned pre‑arrest bail order and must first obtain such documents before deciding.
Summary
The petitioner, Santan Paswan, applied for pre‑arrest bail in a case registered under Sections 115(1), 117, 126(2), 109 and 3(5) of the Bihar Non‑Compulsory Statutes, alleging that he and co‑accused assaulted the husband of an informant with intent to kill, causing head injuries. The district court noted that the victim sustained five head injuries and was referred to a trauma centre, with the treating doctor reserving opinion pending an NCCT report. The High Court found that the district court had not considered a complete medical injury report and therefore could not pass a reasoned bail order. Consequently, the High Court modified the district court’s order, directing it to obtain the injury report, treatment summary, and discharge certificate, and to issue a fresh, reasoned order within four weeks. The bail application was consequently disposed pending the further information.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in the absence of a complete medical injury report.
- Whether the district court’s order was sufficient to grant bail.
Subjects
- pre‑arrest bail
- assault
- medical report
- injury report
- district court order
- fresh order
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20928 of 2026
Arising Out of PS. Case No.-360 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
======================================================
Santan Paswan, Son of Late Hori Lal Paswan, R/o Village - Sondilha, P.S. -
Buxar (Muffasil), District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Buxar Muffassil P.S. Case No. 360 of 2025 registered for
the offence punishable under Sections 115(1), 117, 126(2), 109
and 3(5) of the BNS.
3. As per the allegation made in the FIR, petitioner
along with other co-accused persons, with intention to kill, had
assaulted the husband of the informant causing injury on his
head.
4. In the impugned order, the learned District Court,
in paragraph no. 7, has observed that the husband of the
informant has sustained five injuries on his head and he was
referred to B.H.U. Trauma Center & Superspeciality Hospital,
Patna High Court CR. MISC. No.20928 of 2026(2) dt.16-04-2026
2/2
Varanasi for better treatment. The doctor has kept the opinion
reserved waiting for NCCT report.
5. In such circumstances, the impugned order dated
20.02.2026 is modified to the extent that learned District Court
is directed to call for injury report accompanied with summery
of the treatment and discharge certificate with respect to the
husband of the informant and pass a fresh, reasoned order in
accordance with law, after taking into account all relevant
documents and evidences on record, within a period of four
weeks, from the date of receipt/production of a copy of this
order.
6. The bail application, accordingly, stands disposed
of.
(Purnendu Singh, J)
Niraj/-
U T
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