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Patna High Court

Madan Rai @ Madan RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioners subject to strict conditions, exercising its inherent powers under Section 482(2) of the CrPC.

Summary

The petitioners, Madan Rai and Sudhir Rai, sought bail in connection with a 2014 FIR alleging offences under various IPC sections and the SC/ST Act. The FIR alleged that the accused, including the petitioners, assaulted an informant's husband, but the petitioners contended that the allegations against them were vague and that the specific assault charge pertained to another co‑accused. The prosecution opposed the bail application, arguing the seriousness of the offences. The court noted the petitioners' clean antecedent and the lack of a specific allegation of assault against them, and exercised its inherent powers under Section 482(2) of the CrPC to grant bail. Bail was conditioned on a bond of Rs.10,000 with two sureties, cooperation with the trial, presence in court, and non‑tampering with evidence, with provisions for cancellation if conditions were breached.

Issues considered

  • Whether bail should be granted to the petitioners under Section 482(2) of the CrPC given the nature of the allegations and their antecedent.
  • Whether the lack of a specific allegation of assault against the petitioners warrants bail.

Legislation cited

Subjects

  • bail
  • Section 482 CrPC
  • IPC offences
  • SC/ST Act
  • false FIR
  • criminal antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4284 of 2026
                  Arising Out of PS. Case No.-265 Year-2014 Thana- CHIRAIYA District- East Champaran
                 ======================================================
           1.     Madan Rai @ Madan Ray Son of Late Rajeshwar Ray Resident of Village-
                  Mohaddipur, P.S.- Chiraiya, District- East Champaran
           2.     Sudhir Rai @ Sudhir Kumar Son of Prem Rai @ Premchandra Prasad
                  Resident of Village- Mohaddipur, P.S.- Chiraiya, District- East Champaran
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Suraj Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Mr. Sadanand Paswan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-02-2026                  Heard Mr. Suraj Kumar Tiwari, learned counsel for

                   the petitioners and Mr. Sadanand Paswan, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Chiraiya P.S. Case No. 265 of 2014, F.I.R.

                   dated 14.10.2014 for the offences punishable under Sections

                   147, 148, 149, 341, ,323, 324, 325, 504 of the IPC and Section

                   3(i)(x) of the SC/ST Act, but cognizance has taken only for the

                   offences under Sections 341, 323, 324, 325, 308/34 of the IPC.

                                3. According to prosecution case, on 13.10.2014, all

                   the accused persons including the petitioners armed with

                   weapons came at the door of the informant and abused taking

                   case name and assaulted her husband for casting vote of their
Patna High Court CR. MISC. No.4284 of 2026(2) dt.06-02-2026
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          choice.

                       4. Learned counsel for the petitioners submits that

          petitioner have clean antecedent and they have falsely been

          implicated in the present case. The allegation as alleged in the

          F.I.R is false and fabricated and the petitioners have not

          committed any offence as alleged in the F.I.R. He further

          submits that from perusal of the FIR, it appears that specific

          allegation of assault is against co-accused Sunil Yadav, the

          allegation of assault against the petitioners with lathi, danda is

          general and omnibus in nature.

                       5.   Learned       Additional          Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances

          that petitioners have clean antecedent and there is no specific

          allegation of assault against the pettioners, let the petitioners,

          above named, in the event of their arrest or surrender before the

          court below within a period of thirty days from the date of

          receipt of the order, 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 J.M., 1 st Class,

          Sikrahana at Dhaka, East Champaran, in connection with
            Patna High Court CR. MISC. No.4284 of 2026(2) dt.06-02-2026
                                                        3/3




                      Chiraiya P.S. Case No. 265 of 2014, subject to the conditions as

                      laid down under Section 482(2) of the Code of Criminal

                      Procedure and with other following conditions:-

                                   i. Petitioners shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      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 petitioners tamper 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 petitioners have concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. 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)
khushbu/-

U      T


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