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Patna High Court

Ramchandra RayversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Ramchandra Ray, was charged with multiple offences under the Indian Penal Code, including assault, grievous hurt, attempted murder and murder, arising from a dispute over road construction that allegedly led to the death of the informant's mother. The prosecution alleged that the petitioner, along with co‑accused, assaulted the victim with a spade, causing injuries that resulted in her death. The petitioner contended that he was falsely implicated, that the allegations were vague, and that the FIR was lodged 24 days after the incident without justification. The State opposed bail, emphasizing the specific allegations of a brutal assault and the gravity of the offences. The court, considering the seriousness of the charges and the petitioner’s alleged role as one of the assailants, declined to grant bail. The order also directed the trial court to complete the trial within one year of receiving the order.

Issues considered

  • Whether bail should be granted to the petitioner in light of the serious offences alleged under Sections 341, 323, 325, 337, 338, 307, 302 and 34 of the IPC.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • assault
  • grievous hurt
  • attempted murder
  • murder
  • criminal procedure
  • anticipatory bail
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40971 of 2025
                      Arising Out of PS. Case No.-99 Year-2021 Thana- RAJAPAKAR District- Vaishali
                 ======================================================
                 Ramchandra Ray S/o Late Yogendra Rai R/o Village- Shekhpura, PS.
                 Rajapakar, Distt. Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ranjay Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   12-02-2026                      Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner seeks bail in a case registered for the

                   offence punishable under Section 341 , 323 , 325 , 337, 338 ,

                   307, 302 and 34 of the Indian Penal Code .

                                3 . As per the prosecution case, on 07.03.2021 at

                   about 6 in the evening, road was being constructed in front of

                   the door of the house of the informant, whereupon his neighbour

                   namely Ram Chandra Rai, this petitioner, his wife and three

                   sons had arrived there leading to some quarrel having taken

                   place with regard to place of construction of the road. It is also

                   alleged that thereafter this petitioner had assaulted the mother of

                   the informant by spade on her head and had then hit her on her

                   left hand, whereafter co-accused, Dharmendra Kumar is stated
Patna High Court CR. MISC. No.40971 of 2025(4) dt.12-02-2026
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          to have assaulted the mother of the informant by spade on her

          left rib bones. The other accused persons are also alleged to

          have assaulted the informant and his family members. The

          mother of the informant is stated to have subsequently died on

          22.03.2021.

                       4. Learned counsel appearing for the petitioner

          submits that petitioner is innocent and has falsely been

          implicated in the case. Allegation is general and omnibus and no

          specific overt act has been alleged against this petitioner. F.I.R.

          has been lodged after the dealy of 24 days for which there is no

          plausible explanation .

                       5 . Learned counsel appearing for the State opposed

          the prayer for anticipatory bail and submits that there is specific

          allegation against this petitioner that he indiscriminately

          assaulted the mother of informant with spade on her head

          causing severe injuries and she died during the course of

          treatment.

                       6. Considering the nature of accusation and a;sp the

          fact that petitioner is one of the assailants of the deceased and

          gravity of the offence , I am not inclined to grant bail to the

          petitioner. Accordingly, the same is rejected. However, since

          petitioner is in custody since 04.02.2025 ,          learned Trial Court
            Patna High Court CR. MISC. No.40971 of 2025(4) dt.12-02-2026
                                                        3/3




                      is directed to expedite and conclude the trial, within the period

                      of one year from the date of receipt/production of copy of this

                      order



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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