Patna High Court
Raj Kishore YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
2/2
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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