Patna High Court
Madhusudan Ray @ Masudhan RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioners subject to a bail bond and stipulated conditions.
Summary
The petitioners, Madhusudan Ray and Guddu Ray, sought anticipatory bail fearing arrest in a case alleging assault under several sections of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioners attacked an informant with an iron rod, causing injuries, though the hospital report described the injuries as simple. The petitioners, who have no prior criminal record, offered to pay Rs.3,000 each to the informant for medical treatment. The State opposed the bail, emphasizing the seriousness of the assault allegations. Considering the simple nature of the injuries, lack of antecedents, and the petitioners' willingness to compensate the informant, the court granted anticipatory bail subject to a bail bond of Rs.10,000 each and specific conditions, including payment to the informant and compliance with trial procedures.
Issues considered
- Whether anticipatory bail should be granted to the accused despite the assault allegations under the Bharatiya Nyaya Sanhita.
- Whether the condition of payment to the informant for medical expenses is appropriate in granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 352
Subjects
- anticipatory bail
- assault
- simple injury
- Bharatiya Nyaya Sanhita
- bail conditions
- criminal antecedent
- payment to informant
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66301 of 2025
Arising Out of PS. Case No.-65 Year-2025 Thana- Pahelja P.S. District- Saran
======================================================
1. Madhusudan Ray @ Masudhan Ray S/o Parma Ray R/o Village - Garib Patti
@ Garibapatti, Post - Kharika, P.S - Pahleja, District - Saran
2. Guddu Ray @ Anarjit Kumar S/o Parma Ray R/o Village - Garib Patti @
Garibapatti, Post - Kharika, P.S - Pahleja, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate
For the State : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 21-01-2026 Heard Mr. Manish Chandra Gandhi, learned
counsel for the petitioner and Mr. Jitendra Kumar Singh, learned
APP representing the State.
2. The petitioners are apprehending their arrest in
connection with Pahleja P.S. Case No. 65 of 2025 registered for
the offence under Sections 126(2), 115(2), 118(1), 109, 303(2),
352 and 3(5) of the Bharatiya Nyaya Sanhita, lodged on
07.06.2025 by the informant, Usha Devi.
3. As per the prosecution story, the informant alleged
that the accused persons came and on petty issue started
abusing. Upon opposition, Soni Devi caught hold of her hair
and later, Madhusudan Rai (petitioner no.1) gave iron rod blow
Patna High Court CR. MISC. No.66301 of 2025(4) dt.21-01-2026
2/4
on her head causing injury. When the other family members
came to rescue, the allegation is that Guddu Rai (petitioner no.2)
assaulted Gajadhar Rai. They were referred to Referral Hospital,
Sonepur, which followed the F.I.R.
4. Learned counsel for the petitioners has taken this
Court to the injury report to show that the Sub-Divisional
Hospital, Sonepur has recorded the injuries to be simple in
nature. Admittedly, there is land dispute, both the petitioners do
not have criminal antecedent. Last submission is that without
accepting the allegation or outcome of the present petition, the
petitioners intend to pay Rs.3,000/- each (totaling Rs.6,000/-) to
the informant towards treatment by Demand Draft issued by the
local branch of the State Bank of India/any Nationalized Bank
to be submitted at the time of execution of bail bond.
5. Learned APP opposes the prayer submitting that
though the injuries are simple in nature, the allegation of assault
is on both the petitioners.
6. Considering the submissions of the parties as also
the aforesaid facts, injuries have been found to be simple in
nature, the petitioners do not have criminal antecedent, in that
background, this Court is inclined to extend them the privilege
of anticipatory bail subject to payment of Rs.3,000/- each
Patna High Court CR. MISC. No.66301 of 2025(4) dt.21-01-2026
3/4
(totaling Rs.6,000/-) to the informant as undertaken by the
learned counsel for the petitioners through Demand Draft issued
by the local branch of the State Bank of India/any Nationalized
Bank to be submitted at the time of execution of the bail bond
and the same shall be handed over to the informant after
checking the credentials.
7. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Judicial Magistrate-1st Class, Saran at
Chapra, in connection with Pahleja P.S. Case No. 65 of 2025
subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or
Patna High Court CR. MISC. No.66301 of 2025(4) dt.21-01-2026
4/4
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
Checking your session…