Patna High Court
Madan RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner, subject to conditions, finding insufficient basis to deny bail.
Summary
Madan Ray was arrested in connection with a land‑dispute case (Shahpur Patori PS Case No. 496 of 2025) alleging offences under several sections of the B.N.S., 2023, including assault and causing grievous hurt. The prosecution alleged that the petitioner, along with co‑accused, assaulted an informant and his family, causing injuries. The petitioner contended that he did not cause any injury, that the co‑accused were responsible, and that the case was a false implication arising from a prior dispute where the informant’s side looted his shop. The State opposed the bail application. The Court, noting the absence of any injury attributable to the petitioner and the possibility of false implication, ordered his release on bail subject to conditions under Section 482(2) of the B.N.S.S. and other safeguards.
Issues considered
- Whether the petitioner should be granted bail despite the pending charges under the B.N.S., 2023.
- Whether there is sufficient evidence linking the petitioner to the alleged injuries.
- Whether the possibility of false implication warrants bail.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 117(2), 126(2), 3(5), 351(2), 352
- B.N.S.S. — s. 482(2)
Subjects
- bail
- false implication
- assault
- land dispute
- criminal procedure
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27470 of 2026
Arising Out of PS. Case No.-496 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
======================================================
Madan Ray S/o Late Yugal Ray, R/o Village- Sultanpur Chaurahi, Post Office-
Sahpur, Police Station- Patory, District- Samsatipur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ram Narayan Mahto, Advocate
For the State : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Shahpur Patori P.S.
Case No. 496 of 2025, dated 27.12.2025, registered for the
offences punishable under Sections 126(2), 115(2), 117(2), 109,
352 and 351(2) read with Section 3(5) of the B.N.S., 2023.
3. As per prosecution case, in the background of
land dispute, petitioner and other co-accused persons assaulted
the informant and his family members causing injuries to them.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. The main allegation of causing injuries on informant and
other three persons is against co-accused persons, namely Dhiraj
Kumar and Rahul Kumar who caused fracture of hand of the
Patna High Court CR. MISC. No.27470 of 2026(2) dt.01-05-2026
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informant and the only allegation against the petitioner is that he
hit the informant with khurpi, but there is no such injury on the
informant. The injury report of informant shows abrasions and
swelling at right forearm and X-ray showed fracture of mid
shaft of ulna of right hand. For causing such injury, the
allegation is against the co-accused persons and not on this
petitioner. Learned counsel further submits that the true facts of
the case is that the informant’s side looted the shop of the
petitioner and in order to save themselves, they have lodged this
false case after delay of two days. The counter version bearing
Shahpur Patori P.S. Case No. 498 of 2025, is lodged by the wife
of this petitioner against the informant and number of other
persons. Thereafter, a Panchayat was held, but the informant’s
side did not abide by the Panchayat. Learned counsel for the
petitioner further submits that therefore there is no allegation of
assault against the petitioner who is having antecedent of one
case lodged in the year 2020.
5. Learned APP opposes the submissions made on
behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
absence of injury allegedly caused by the petitioner and further
Patna High Court CR. MISC. No.27470 of 2026(2) dt.01-05-2026
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considering the possibility of false implication, let the petitioner,
above-named, in the event of his arrest or surrender before the
Court concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate, Patori, Samastipur, in connection with
Shahpur Patori P.S. Case No. 496 of 2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U
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