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Patna High Court

Santan PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

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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