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Patna High Court

Raj Kumar Purbey @ Rajesh PurbeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Raj Kumar Purbey, sought bail after being named in an FIR for allegedly assaulting the husband of an informant with an iron rod, causing injuries. The petitioner claimed innocence, arguing that the medical injury report showed no external injuries, thereby undermining the prosecution's case. The State and the informant opposed bail, insisting that the FIR specifically accused the petitioner of the assault and resulting injuries. The court examined the FIR, the injury report, and other material, concluding that the lack of corroborating medical evidence weakened the prosecution's claim. Consequently, the court ordered bail on the condition of a Rs.10,000 bond with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail was to be granted if the petitioner surrendered within eight weeks.

Issues considered

  • Whether bail should be granted to the petitioner despite the FIR alleging assault under multiple sections of the BNS.
  • Whether the absence of documented injuries in the medical report negates the prosecution's case.
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the court to enlarge bail in this circumstance.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • injury report
  • false prosecution
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89742 of 2025
                    Arising Out of PS. Case No.-117 Year-2025 Thana- MADHEPUR District- Madhubani
                 ======================================================
                 Raj Kumar Purbey @ Rajesh Purbey S/o Late Raghunath Purbey Resident of
                 P.O - Lalbagh, Mirzapur Road, District - Darbhanga, Pin - 846004

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanket , Advocate
                 For the Opposite Party/s :      Mr. Mohammed Arif , APP
                 For informant            :      Mr. Rajive Ranjan Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   17-02-2026                      Heard learned counsel for the petitioner, informant

                   and the State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections 126 ( 2 ), 115 ( 2 ),

                   109, 76, 352, 351 ( 2 ) and 3 (5) of BNS.

                                3 . As per F.I.R. this petitioner assaulted husband of

                   informant by means of iron rod, as a result of which, he

                   sustained injury .

                                4. It is submitted on behalf of the petitioner that

                   petitioner is innocent and has committed no offence as alleged.

                   As per F.I.R. petitioner is alleged to have assaulted husband of

                   informant but as per injury report, doctor has not found any

                   external injury on the husband of the informant which itself
            Patna High Court CR. MISC. No.89742 of 2025(3) dt.17-02-2026
                                                        2/2




                      falsifies the prosecution case .

                                   5 . Learned counsel for the State as well as informant

                      opposed the bail and submitted that petitioner is named in the

                      F.I.R. with specific accusation that he assaulted husband of

                      informant by means of iron rod, as a result of which he

                      sustained multiple injuries.

                                   6 Considering the aforesaid facts, injury report of the

                      injured, material available on record and other circumstances of

                      the case , in the event of arrest or surrender within eight weeks

                      from today, let the petitioner, as named above, be enlarged on

                      bail on furnishing bail bond of Rs.10,000/-(ten thousand) with

                      two sureties of the like amount each to the satisfaction of the

                      learned JMFC Jhanjharpur in connection with Madhepur P.S.

                      Case No. 117 of         2025 ,      subject to the conditions laid down

                      under section 482(2) of the                 Bharatiya Nagarik Suraksha

                      Sanhita , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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