Patna High Court
Ramsogarth Rai @ Ramsogarath RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000 with two sureties and specific conditions.
Summary
Ramsogarth Rai was arrested on 19 November 2025 in connection with a land‑dispute‑related incident where he allegedly assaulted the husband of an informant, outraged her modesty, and stole her mangalsutra, cash and clothes. He faces multiple offences under the Bharatiya Nyay Sanhita, 2023, including sections dealing with assault, outraging modesty, theft and criminal intimidation. The petitioner, claiming a clean antecedent and that the assault was a spur‑of‑the‑moment act, sought bail. The Additional Public Prosecutor opposed the bail on grounds of the seriousness of the offences. The Court, after considering the facts, granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyay Sanhita.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- bail
- criminal procedure
- assault
- outraging modesty
- theft
- Bharatiya Nyay Sanhita
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1734 of 2026
Arising Out of PS. Case No.-92 Year-2025 Thana- LAKHAURA District- East Champaran
======================================================
Ramsogarth Rai @ Ramsogarath Rai Son of Late Mishrilal Rai Resident of
Village - Dostiya, P.S. - Lakhaura, Distt. - East Champaran..
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
: Mr. Hemant Ray, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-01-2026 Heard Mr. Abhishek Kumar, learned counsel for
the petitioner as well as Mr. Yogendra Kumar Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.11.2025 in connection with Lakhaura P.S. Case No. 92 of
2025, F.I.R. dated 10.04.2025 for the offences punishable under
Sections 126(2), 115(2), 118(1), 109(1), 76, 303(2), 352, 351(2)
3(5) of the Bharatiya Nyay Sanhita, 2023.
3. The allegation is of abusing and assaulting the
informant and her husband, outraging her modesty and taking
away mangalsutra, cash and clothes from her house.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.1734 of 2026(2) dt.19-01-2026
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implicated in the present case. It appears from the FIR that due
to land dispute the present occurrence has taken place and
although there is specific allegation against the petitioner that he
assaulted husband of the informant by means of dabia and he
received two injuries but it appears from the injury report of the
injured person that out of two injuries, one is grievous in nature
and other is simple in nature. He further submits that the
petitioner had no intention to hurt the informant and her family
member and due to spur of moment, the present occurrence has
taken place and the police after investigation submitted the
charge sheet and the petitioner is in custody since 19.11.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released 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 Chief
Judicial Magistrate, Motihari, East Champaran in connection
with Lakhaura P.S. Case No. 92 of 2025, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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