Patna High Court
Rambabu Rai @ Rambabu RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner on the condition of a Rs. 10,000 bond with two sureties.
Summary
Rambabu Rai was arrested in connection with Bibhutipur police case No. 307 of 2025, charged under multiple sections of the B.N.S., 2023 for alleged assault with a weapon causing injuries to an informant. The prosecution alleged that Rai, armed, struck the informant on the head with a Paghariya, resulting in a lacerated scalp wound, skull swelling, and a fractured finger, which they classified as grievous injury. Rai contended he was falsely implicated, argued that the medical report showed only age‑related calcification in the brain and that the injuries were not caused by him, and highlighted his lack of prior criminal record. The informant’s counsel opposed bail, emphasizing the direct allegation of assault and the head injury. After hearing both sides, the court, considering the circumstances and the medical evidence, ordered that bail be granted on a bond of Rs. 10,000 with two sureties, directing compliance with the SDJM, Rosera.
Issues considered
- Whether bail should be granted to the petitioner despite allegations of assault causing grievous injury under the listed sections of the B.N.S., 2023.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 127(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- assault
- grievous injury
- criminal procedure
- medical evidence
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 86837 of 2025
Arising Out of PS. Case No.-307 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
Rambabu Rai @ Rambabu Ray Son of Ramprit Ray Resident of Vill-
Samartha, P.S.- Bibhutipur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad, Adv.
For the Informant : Mr. Anuj Kumar, Adv.
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner; learned
counsel for the informant and the learned APP for the State.
2. The petitioner has prayed for bail in connection
with Bibhutipur P.S. Case No. 307 of 2025 registered for the
offence punishable under Sections 126(2), 127(2), 115(2),
118(1), 117(2), 109, 303(2), 352, 351(2), 3(5) of the B.N.S.,
2023.
3. The case of the prosecution, in short, is that the
petitioner, along with others being armed with weapons, arrived.
It is further alleged that the petitioner has assaulted with
Paghariya on the head of the informant, due to which he had
received bleeding injury on his head.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No. 86837 of 2025(3) dt.23-02-2026
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petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that there is also a counter version of this
case. From perusal of the order of the learned trial court, it will
transpire that the informant has received following injuries:-
“01. lacerated wound of size 3cmx0.25cm on frontal
region of scalp.
Finding:-
02. X-ray Skull:- Soft tissue swelling noted at skull.
03. X-ray Left hand:- Fracture noted at proximal
phalanx of 5th finger & 5th metacarpal bone.
04. NCCT Brain:- Small area of calcification in right
occipital region, healed calcified garnuloma.
Opinion:- Grievous injury.”
5. Learned counsel for the petitioner further submits
that from perusal of the injury report, it is clear that the NCCT
brain only shows calcification in the right occipital region,
which, according to the doctors, the scan shows is a normal
finding and only an age-related change. As far as injury of the
hand, there is fracture of the 5th finger. He also submits that the
said allegation is not upon the petitioner. Moreover, a statement
has been made in para 3 of the petition that petitioner has no
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criminal antecedent and he is languishing in judicial custody
since 22.08.2025.
6. The application for bail is vehemently opposed by
the learned counsel for the informant and the learned APP for
the State. Learned counsel for the informant submits that there
is direct allegation against the petitioner of assaulting the
informant on head and there is head injury.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
S.D.J.M., Rosera (Samastipur) in connection with Bibhutipur
P.S. Case No. 307 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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