Created by Fuzzy Cloud

Patna High Court

Madan RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.