Patna High Court
Sushil RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 323, 341, 354, 376, 504, 506, 511
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
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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
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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
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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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