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Patna High Court

Subodh Kumar Ray @ Subodh KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Anticipatory bail was granted to petitioners No.1‑4 and denied to petitioner No.5.

Summary

The petitioners, five members of the Ray family, applied for anticipatory bail in a case where the FIR alleged multiple offences including assault, outraging modesty, and causing grievous injury to a minor. The prosecution claimed that petitioner No.5, Digvijay Ray, assaulted the informant’s 13‑year‑old daughter with the butt of a pistol, resulting in a head injury and ICU admission, while petitioners No.1‑4 were alleged to have participated in a scuffle and attempted to outrage the informant’s modesty. The petitioners argued that the allegations were false, that the injury to the daughter was caused by a stray brick thrown by a child, and that the dispute stemmed from a land issue. The court, noting the serious specific allegation against petitioner No.5 and the documented injury to the minor, refused anticipatory bail to him, but found the modesty‑outrage allegations against petitioners No.1‑4 exaggerated and without injury, and therefore granted them anticipatory bail subject to conditions. The order directed the four bail‑granted petitioners to surrender within four weeks and post a bail bond.

Issues considered

  • Whether anticipatory bail should be granted to the accused under the provisions of the Bhartiya Nagrik Suraksha Sanhita, 2023 in view of the alleged offences.
  • Whether the specific allegation of assault on a minor justifies denial of anticipatory bail to petitioner No.5.
  • Whether the allegations of outraging modesty against petitioners No.1‑4 warrant denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • minor injury
  • outraging modesty
  • Bhartiya Nyaya Sanhita
  • Section 482
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18555 of 2026
                 Arising Out of PS. Case No.-458 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
                 ======================================================
           1.     Subodh Kumar Ray @ Subodh Kumar S/o Shambhu Ray R/o Village-
                  Chakaslem, PS- Shahpur Potori, Distt- Samastipur
           2.    Manoj Kumar Ray @ Manoj Kumar S/o Shambhu Ray R/o Village-
                 Chakaslem, PS- Shahpur Potori, Distt- Samastipur
           3.    Manish Kumar S/o Manoj Kumar Ray @ Manoj Kumar R/o Village-
                 Chakaslem, PS- Shahpur Potori, Distt- Samastipur
           4.    Munna Kumar S/o Manoj Kumar Ray @ Manoj Kumar R/o Village-
                 Chakaslem, PS- Shahpur Potori, Distt- Samastipur
           5.    Digvijay Ray S/o Ramvilash Ray R/o Village- Chakaslem, PS- Shahpur
                 Potori, Distt- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rambabu Yadav
                 For the Opposite Party/s :       Mr. Akshay Lal Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   08-04-2026         1. Heard learned Counsel for the petitioners and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Shahpur Patori Police Station Case No. 458 of 2025,

                            dated 12.11.2025, disclosing offences under Sections

                            126(2)/115(2)/117(2)/110/74/303(2)/352/351(2)/3(5)                    of

                            the Bhartiya Nyaya Sanhita.

                       3.   The prosecution case, as per the First Information Report,

                            is that on 11.11.2025 at about 10:00 AM, the petitioners,
Patna High Court CR. MISC. No.18555 of 2026(2) dt.08-04-2026
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                  along with other accused persons, total 10 in numbers,

                  started abusing the informant’s husband and upon

                  objection being raised, the petitioners assaulted the

                  informant’s 13 years old daughter while she was going to

                  school with her father. It has been alleged that the

                  petitioner no. 1 ordered to assault both the informant’s

                  husband and daughter, upon which the petitioner no. 5

                  assaulted with butt of pistol due to which informant’s

                  daughter sustained head injury. It has further been alleged

                  that petitioner no. 2, 3 and 4 tore the saree of informant

                  with an intention to outrage her modesty. In the

                  meanwhile, petitioner no. 4 assaulted informant on her

                  cheek by means of brick and petitioner no. 2 also

                  assaulted with brick on chest of informant.

              4. Learned counsel for the petitioners submits that the

                  petitioners have not committed any offence in the manner

                  alleged and true story of occurrence has not been narrated

                  in the FIR. The fact of the matter is that children were

                  playing outside their houses and one of the child threw a

                  brick due to which informant’s daughter has sustained

                  injury. He next submits that there is previous land dispute

                  between the parties and both the parties are agnates. He
Patna High Court CR. MISC. No.18555 of 2026(2) dt.08-04-2026
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                  further submits that informant has not sustained injury,

                  however, injury has been caused to informant’s daughter

                  which is attributable to petitioner no. 5.

              5. Regards being had to the submissions made by the parties

                  and taking into consideration the fact that there is specific

                  allegation of assault against the petitioner no. 5, namely,

                  Digvijay Ray, who assaulted informant’s minor daughter

                  and from perusal of the impugned order, it appears that

                  minor daughter of the informant had remained in ICU for

                  05 days, I am not inclined to grant anticipatory bail to the

                  petitioner no. 5.

              6. This application, in respect of petitioner no. 5, stands

                  dismissed.

              7. In so far as the petitioner nos. 1 to 4 are concerned, the

                  allegation against them of outraging the modesty of

                  informant appears to be exaggerated due to scuffle

                  between the parties and the informant has not sustained

                  any apparent injury, accordingly, I am inclined to grant

                  privilege of anticipatory bail to the petitioner nos. 1 to 4.

              8. This application, in respect of petitioner nos. 1, 2, 3 and 4,

                  is, accordingly, allowed.

              9. Let the petitioner nos. 1, 2 ,3 and 4, above named, in the
            Patna High Court CR. MISC. No.18555 of 2026(2) dt.08-04-2026
                                                        4/4




                              event of their arrest or surrender before the Court below

                              within four weeks, be released on bail on furnishing bail

                              bond of Rs. 10,000/- (Ten Thousand) each with two

                              sureties of the like amount each to the satisfaction of

                              learned Additional Sessions Judge - I, Samastipur, in

                              connection with Shahpur Patori Police Station Case No.

                              458 of 2025, subject to the condition laid down under

                              Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita,

                              2023.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


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