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Patna High Court

Sushil RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the petitioner’s age, lack of prior record, delay in FIR, victim’s non‑statement and the land‑dispute motive, bail could be granted despite the gravity of the offences.

Summary

The petitioner, Sushil Rai, aged about 65, was arrested in connection with a case alleging assault, intimidation and attempted rape under several IPC sections. The prosecution alleged that he entered the victim’s house at night, gagged and assaulted her with intent to rape, and later his sons threatened her. The petitioner claimed false implication arising from a land‑dispute, highlighted a two‑day delay in lodging the FIR, the victim’s refusal to give a statement under CrPC 164, and pointed out that his injuries were minor and he had no prior criminal record. The court considered these factors, the seriousness of the charges, and the petitioner’s age, and decided to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties, subject to conditions of family surety, regular court appearances and possible cancellation on default.

Issues considered

  • Whether bail should be granted to an accused of serious offences including rape and criminal intimidation.
  • Whether the delay in filing the FIR and the victim’s refusal to give a statement under Section 164 CrPC affect the bail decision.
  • Whether the alleged land‑dispute motive indicating false implication justifies bail.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Criminal Procedure Code
  • rape
  • criminal intimidation
  • false implication
  • land dispute
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72867 of 2025
                  Arising Out of PS. Case No.-95 Year-2024 Thana- MUNGER MUFFASIL District- Munger
                 ======================================================
                 Sushil Rai S/o Late Rajdeo Rai R/o Village- Tikarampur, Banarasi Rai Tola,
                 P.S.- Muffasil, District- Munger (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md. Shahid Anwar, Advocate
                                                 Mr. Uma Kant Mishra, Advocate
                 For the Opposite Party/s :      Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   13-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Munger

                   Muffasil P.S. Case No. 95 of 2024 instituted for the offences

                   under Sections 376, 511, 354, 323, 341, 504 and 506 of the

                   Indian Penal Code.

                                3. Prosecution case, in short, is that, the petitioner

                   allegedly entered the informant’s house at night, gagged and

                   assaulted her with intent to commit rape, fled on alarm after

                   threatening her, and later his sons abused and threatened her.

                                4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Learned counsel further submitted that there is a delay of two
Patna High Court CR. MISC. No.72867 of 2025(4) dt.13-01-2026
                                            2/3




          days in lodging the FIR without any plausible explanation,

          which in itself, raises doubt over the prosecution story. Learned

          counsel for the petitioner submitted that victim has also denied

          to give her statement under Section 164 of the Cr.P.C. Learned

          counsel further submitted that as per paragraph 82 of the case

          diary, the injury sustained by the informant is simple in nature.

          Learned counsel further submitted that petitioner is an old man

          of about 65 years and both the parties are co-villagers and there

          is dispute between them regarding cultivable land and the same

          is supported by the witnesses during investigation as per

          paragraph nos. 99, 100 and 101 of the case diary. It has been

          submitted on behalf of the petitioner that the petitioner is in

          custody since 30.07.2025 and has no criminal antecedent.

                      5. Learned A.P.P. for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Munger Muffasil
           Patna High Court CR. MISC. No.72867 of 2025(4) dt.13-01-2026
                                                       3/3




                     P.S. Case No. 95 of 2024, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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