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Patna High Court

Rajesh Ray @ Rajesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to specified conditions.

Summary

Petitioner Rajesh Ray was arrested in connection with a 2022 incident during a Panchayat dispute where he was alleged to have assaulted the informant and others with a knife, leading to charges under Sections 147, 341, 323, 324, 307, 504 and 506 of the IPC. The petitioner claimed a clean antecedent, asserted that the FIR was fabricated, and argued that he had no intention to kill despite the grievous injuries. The prosecution opposed bail, emphasizing the specific allegation of assault and the grievous nature of one injury. The court, noting the petitioner’s clean record and the length of his pre‑trial custody, granted bail on a cash bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed the lower court to verify the petitioner’s antecedent and to cancel bail if any concealment is discovered.

Issues considered

  • Whether bail should be granted to the petitioner pending trial for offences including rioting, assault, and attempt to murder.
  • Whether the nature of the alleged injuries and the specific assault allegation justify denial of bail.
  • Whether the petitioner’s clean antecedent and period of pre‑trial custody warrant the grant of bail.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • rioting
  • assault
  • attempt to murder
  • criminal intimidation
  • clean antecedent
  • pre‑trial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74738 of 2025
                 Arising Out of PS. Case No.-301 Year-2022 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 Rajesh Ray @ Rajesh Yadav S/o- Wakil Ray R/v- Mathiya Bariyarpur Ps-
                 Piprakothi Dist- East Champaran

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :       Mr. Md. Matloob Rab, A.P.P.
                 For the informant        :       Mr. Sumit Kumar Gupta, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   19-03-2026                      Heard Mr. Arvind Kumar, learned counsel for the

                   petitioner, Mr. Sumit Kumar Gupta, learned counsel for the

                   informant and Mr. Md. Matloob Rab , learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   15.05.2025 in connection with Piprakothi P.S. Case No. 301 of

                   2022 for the offences punishable under Sections 147, 341, 323,

                   324, 307, 504 and 506 of IPC.

                               3. The prosecution case, in brief, is that on 05.11.2022

                   at about 7:00 A.M., due to a previous dispute a Panchayati was

                   going on at the door of one Lal Babu Ray, when the accused

                   persons allegedly came armed with knife and started abusing the

                   informant. It is alleged that when the informant protested,
Patna High Court CR. MISC. No.74738 of 2025(5) dt.19-03-2026
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          Rajesh Rai (petitioner) gave a knife blow on the chest of Akash

          Kumar @ Laddu Kumar, and when the informant came for

          rescue, co-accused Wakil Rai gave a knife blow on his left

          thigh. Thereafter, Kanhaiya Sah, Radheshyam Sah, and Gaya

          Sah were also allegedly assaulted by co- accused persons with

          knives.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and is innocent and he has

          falsely been implicated in the present case. It is further

          submitted that the allegation as alleged in the FIR is forged and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. It is next submitted that due to petty dispute

          the present occurrence took place and there is specific allegation

          of assault on the informant and his family members and some of

          injury of the injured persons are found to be grievous in nature

          and some injuries are found to be simple in nature. Learned

          counsel for the petitioner submits that there is no intention on

          the part of the petitioner to kill anyone although the injury

          inflicted upon the informant is grievous in nature and the police

          after investigation submitted charge-sheet against the petitioner.

          It is further submitted that petitioner is in custody since

          15.05.2025.
Patna High Court CR. MISC. No.74738 of 2025(5) dt.19-03-2026
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                      5. The learned Additional Public Prosecutor and

          learned counsel for the informant, on the other hand, have

          vehemently opposed the prayer for bail of the petitioner and

          submit that there is a direct and specific allegation of assault by

          the petitioner against the informant and his family members and

          one of the injuries is found to be grievous in nature.

                       6. Considering the aforesaid facts and circumstances

          and that petitioner is a person with clean antecedent and also

          considering the period of custody, let the petitioner, above

          named, 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 Additional Sessions

          Judge-12, East Champaran at Motihari in connection with

          Piprakothi P.S. Case No. 301 of 2022, subject to the following

          conditions:-

                       i. Petitioner 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 canceled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to
           Patna High Court CR. MISC. No.74738 of 2025(5) dt.19-03-2026
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                     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 petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. 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)
Gaurav Sinha/-

U      T


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