Patna High Court
Jagesh Rai @ Jagesh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners.
Summary
The petitioners, four members of the Rai family, were charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting the father and uncle of an informant with iron rods and lathis. Their anticipatory bail had earlier been withdrawn, and they had been in custody since August 2025. The petitioners argued that they were falsely implicated in a land‑dispute‑related case, that no incriminating material was found on them, and that the allegations were vague and directed at other co‑accused. The State opposed bail, contending the seriousness of the offences. Considering the length of custody, lack of prior criminal record, and that other co‑accused had been granted bail, the court decided to grant bail to the petitioners upon furnishing a bond of Rs 15,000 with two sureties each.
Issues considered
- Whether the petitioners are entitled to regular bail despite the withdrawal of anticipatory bail
- Whether the prosecution’s allegations are sufficiently specific to justify denial of bail
- Whether the period of custody and absence of prior criminal record warrant the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(2), 117(2), 126(2), 190, 191(2), 351(2), 352
Subjects
- bail
- anticipatory bail
- assault
- Bharatiya Nyaya Sanhita
- criminal procedure
- land dispute
- surety
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86142 of 2025
Arising Out of PS. Case No.-419 Year-2024 Thana- SHAHPUR PATORI District- Samastipur
======================================================
1. Jagesh Rai @ Jagesh Ray S/o Late Tuna Ray @ Tula Ray Resident of
village- Amdipur, P.S.- Shahpur Patori, District-Samastipur
2. Ravin Rai @ Ravin Ray @ Ravin Kumar S/o Jagesh Rai @ Ragesh Ray
Resident of village- Amdipur, P.S.- Shahpur Patori, District-Samastipur
3. Anand Ray @ Naveen Rai @ Anand Kumar @ Naveen Rai S/o Jagesh Rai
@ Ragesh Ray Resident of village- Amdipur, P.S.- Shahpur Patori, District-
Samastipur
4. Rajesh Rai @ Rajesh Ray @ Rajesh Kumar Ray S/o Bindeshwar Rai @
Bindeshwar Ray @ Vindeshwar Ray Resident of village- Amdipur, P.S.-
Shahpur Patori, District-Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the State : Mr. Amitesh Kumar, APP
For the Informant : Mr. Dilip Kumar Roy, Advocate
Ms. Sonia Narayan Sinha, Advocate
Mr. Pradyuman Kumar, Advocate
Mr. Vishal Kumar, Advocate
Mr. Amitesh Kumar, Advocate
Ms. Rekha Ranjan Prasad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. Earlier, anticipatory bail of the petitioners along with
other co-accused person has been dismissed as withdrawn by
this Court vide order dated 19.09.2025 passed in Cr. Misc. No.
26978 of 2025.
3. The petitioners seek bail in connection with Shahpur
Patna High Court CR. MISC. No.86142 of 2025(3) dt.09-02-2026
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Patory P.S. Case No. 419 of 2024, instituted for the offences
punishable under Sections 103(1), 191(2), 190, 126(2), 115(2),
117(2), 109, 352 and 351(2) of the Bharatiya Nyaya Sanhita,
2023.
4. The prosecution case, in short, is that, the petitioners
along with other co-accused persons being armed with iron rod,
fasuli, khanti and lathi and surrounded the father and uncle of
the informant. It is further alleged that Bindeshwar Rai and
Dayanand Rai assaulted with khanti to Subodh Rai, the father of
the informant. It is also alleged that the accused persons have
assaulted him with lathi and iron rod.
5. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material have been recovered
from the conscious possession of the petitioners. Learned
counsel for the petitioners also submits that no specific
allegation has been attributed against the petitioners rather the
same is general and omnibus in nature. The petitioners and
informant are co-villagers. There is previous land dispute
between the parties. It is next submitted that specific allegation
of assault is against co-accused Bindeshwar Raia and Dayanand
Rai. The petitioners are in custody since 20.08.2025 and have
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got no criminal antecedent. Learned counsel for the petitioners
further submits that other co-accused has been granted regular
bail by this Court vide order dated 21.11.2025 passed in Cr.
Misc. No. 81135 of 2025.
6. Learned APP for the State and learned counsel for the
informant have vehemently opposed the prayer for grant of bail
to the petitioners.
7. Considering the aforesaid facts and circumstances of
the case and taking into account the period of custody
undergone by the petitioners, this Court is inclined to grant bail
to the petitioners.
8. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Shahpur Patory P.S.
Case No. 419 of 2024.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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