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 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 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/-

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