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Patna High Court

Raj Kishore YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court confirmed the provisional bail and ordered training for the investigating officer without imposing disciplinary action.

Summary

The petitioner, Raj Kishore Yadav, was accused of assaulting Mukesh Kumar with an iron rod, causing injuries to the head. The investigating officer admitted he failed to record Mukesh Kumar's statement due to ignorance and acknowledged the need for training. The court examined the allegation that the injuries were grievous and found the FIR indicated only a single assault, suggesting the injuries near the ears were not caused by the petitioner. Consequently, the provisional bail granted on 18‑12‑2025 was confirmed, and the appearance of the investigating officer was dispensed with. The Superintendent of Police was directed to provide proper training to the investigating officer, but no disciplinary action was ordered.

Issues considered

  • Whether the provisional bail granted to the petitioner should be confirmed.
  • Whether the investigating officer's failure to record the victim's statement warrants disciplinary action.
  • Whether the injuries sustained constitute grievous hurt under the law.

Subjects

  • assault
  • bail
  • investigating officer
  • training
  • criminal procedure
  • provisional bail
  • negligence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86272 of 2025
                    Arising Out of PS. Case No.-84 Year-2024 Thana- RUDRAPUR District- Madhubani
                 ======================================================
                 Raj Kishore Yadav, S/O Mishrilal Yadav, R/O Village- Barsam Tole,
                 Phulbariya, P.S- Rudrapur, Distt.- Madhubani.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ratnakar Jha, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   27-01-2026                  The Investigating Officer of this case Mr. Kundan

                   Kumar is present with show cause and has admitted that he has

                   investigated this case during probation period and he has

                   recorded the statement of one of the victims of this case but he

                   could not record the statement of Mukesh Kumar, the injured of

                   this case due to ignorance.

                                2. As the I.O. himself has admitted that he could not

                   record the statement due to ignorance, this show that he requires

                   some training.

                                3. The Superintendent of Police, Madhubani is

                   directed to provide proper training to the I.O. of this case and is

                   also directed to sensitize the I.O. The investigation should be

                   done seriously and as this mistake is first one, no order

                   regarding disciplinary action is passed against this I.O.
             Patna High Court CR. MISC. No.86272 of 2025(3) dt.27-01-2026
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                                    4. Learned counsel for the informant has submitted

                       that there is allegation against the petitioner that he has

                       assaulted with iron rod on the head of one Mukesh Kumar .

                                    5. Countering this, the learned counsel for the

                       petitioner has submitted that the injury which has been caused

                       on head of Mukesh Kumar is simple. The grievous injury is

                       below both the ears and from perusal of the F.I.R. there is

                       allegation of only one assault that to be the iron rod so from

                       perusal of the F.I.R., it is clear that the injuries near both the ears

                       are not caused by this petitioner.

                                    6. Having heard learned counsel for the parties and

                       considering the above facts and circumstances of the case, the

                       provisional bail granted to the petitioner vide order dated

                       18.12.2025 is hereby confirmed.

                                    7. The appearance of Investigating Officer is hereby

                       dispensed with.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T


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