Patna High Court

Shambhu Sharan PratapversusThe State of Bihar through the Chief Secretary, Government of Bihar

Decided: 2 July 2026
Disposal: DISPOSED
Bench: ARUN KUMAR JHA

Holding

The petition is dismissed as the grievance is redressed by the already constituted Medical Board and its report.

Summary

Shambhu Sharan Pratap filed a writ petition seeking a direction for a proper investigation and the constitution of a Medical Board to examine respondent Vinay Kumar in connection with a criminal case (Garkha PS Case No. 739 of 2024) involving offences under the Bharatiya Nyaya Sanhita, 2023. The State respondents submitted a counter‑affidavit stating that, on the petitioner's representation, a Medical Board had already been constituted and its report—affirming the correctness of the injury report from the Primary Health Centre—was attached. The Court examined whether the petitioner's grievance remained unresolved. Finding that the Medical Board had already examined the matter and its findings were satisfactory, the Court held that there was no further relief to be granted. Consequently, the writ petition was disposed of as the grievance was deemed redressed.

Issues considered

What direction, if any, should the Court issue regarding the investigation and constitution of a Medical Board in the criminal case?
Whether the existing Medical Board report suffices to address the petitioner's grievance.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 352

Subjects

writ petition
criminal investigation
medical board
Bharatiya Nyaya Sanhita
procedural direction
grievance redressed

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Criminal Writ Jurisdiction Case No.126 of 2026
           Arising Out of PS. Case No.-739 Year-2024 Thana- GARKHA District- Saran
     ======================================================
     Shambhu Sharan Pratap S/O Late Ginni Rai R/O Village- Narayanpur, P.O-
     Rahampur, P.S- Garkha, Distt.- Saran at Chapra- 841202.

                                                                      ... ... Petitioner/s

                                          Versus

1.   The State of Bihar through the Chief Secretary, Government of Bihar Patna
2.   The Additional Chief Secretary, Department of Health, Government of
     Bihar, Patna Bihar
3.   The Director General of Police, Bihar, Sardar Patel Bhawan Jawahar Lal
     Nehru Marg, Patna.
4.   The Deputy Inspector General of Police, Saran Range, Chapra Bihar
5.   The Collector-Cum-District Magistrate, Saran at Chapra. Bihar
6.   The Senior Superintendent of Police, Saran at Chapra. Bihar
7.   The Civil Surgeon-cum-Chief Medical Officer, Sadar Hospital, Chapra,
     Saran Bihar
8.   The Medical Superintendent, Sadar Hospital, Chapra, Saran. Bihar
9.   The Deputy Superintendnet of Police, Chapra Sadar, Saran at Chapra. Bihar
10. The Medical Officer namely Dr. Sarvjeet Kumar, Community Health Centre,
    Garkha, Saran. Bihar
11. The Medical Officer, Dr. Meha Kumari, Community Health Centre, Garkha
    Saran, Bihar
12. The Station House Officer, Garkha P.S., Saran at Chapra Bihar
13. The Investigating Officer, Garkha P.S Case No. 739 of 2024, Garkha P.S.,
    Saran at Chapra Bihar
14. Sri Madhav Rai, Medical Officials, Community Health Centre, Garkha,
    Saran. Bihar
15. Vinay Kumar S/O Bhuneshwar Rai R/O Village- Narayanpur, P.O-
    Rahampur, P.S- Garkha, Distt.- Saran at Chapra- 841202.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s  :         Mr.Jeetendra Narayan, Advocate
     For the State         :         Mr. Ravi Kumar, AC to GP-13
     For Respondent No. 15 :         Mr. Ravi Prakash, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                           ORAL ORDER
             Patna High Court CR. WJC No.126 of 2026(2) dt.02-07-2026
                                                         2/2




2   02-07-2026                       The present writ petition has been filed for issuance

                       of direction to the respondents for proper investigation of the

                       case and for taking proper steps for constitution of Medical

                       Board for examination of Respondent No. 15 in connection with

                       Garkha P.S. Case No. 739 of 2024, dated 03.12.2024 registered

                       for the offences under Sections 126(2), 115(2), 118(1),. 109,

                       303(2), 352 and 3(5) of Bharatiya Nyaya Sanhita, 2023.

                                    02. Learned counsel appearing on behalf of the State-

                       respondents submits that the counter affidavit has been filed on

                       behalf of respondent no. 7, wherein it has been mentioned that

                       on the representation of the petitioner a Medical Board was

                       constituted and the report of the Medical Board has also been

                       annexed with the counter affidavit. In its report, the Medical

                       Board has recorded its finding that the injury report issued by

                       the Primary Health Centre was proper and correct. Therefore,

                       nothing remains in the matter.

                                    03. Since the grievance of the petitioner stands

                       redressed, the writ petition is disposed of.



                                                 (Arun Kumar Jha, J)

 DKS/-

U        T

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