Patna High Court
Shambhu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to conditions, under Section 438(2) of the Code of Criminal Procedure.
Summary
Shambhu Rai sought bail after an FIR was lodged alleging assault and an attempt to outrage the modesty of an informant's wife, invoking several sections of the Bihar Negotiable Substances Act, 2023. The prosecution claimed the petitioner participated in the assault, while the petitioner argued he has a clean antecedent, the FIR is fabricated due to a land dispute, and the injury to the victim was simple. The Additional Public Prosecutor opposed bail, but the court noted the petitioner’s clean record and the minor nature of the injury. Applying Section 438(2) of the Code of Criminal Procedure, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence. The order also directed verification of the petitioner’s antecedent, with bail cancellation provisions if false information is discovered.
Issues considered
- Whether bail should be granted to the petitioner under Section 438(2) CrPC given the nature of the offences alleged under the Bihar Negotiable Substances Act, 2023.
- Whether the petitioner’s clean antecedent and the simple injury to the victim justify the grant of bail.
- Whether the alleged assault and attempt to outrage modesty constitute a serious offence warranting denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Section 438 CrPC
- Bihar Negotiable Substances Act
- false FIR
- land dispute
- assault
- outraging modesty
- simple injury
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86641 of 2025
Arising Out of PS. Case No.-249 Year-2025 Thana- BARSOI District- Katihar
======================================================
Shambhu Rai S/o Sannu Rai R/o Village- Imadpur, (Gachhawapul), P.S-
Barsoi, Dist- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Prasad Sah, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Heard Mr. Rajendra Prasad Sah, learned counsel
for the petitioner and Mr. Ashok Kumar Singh, learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Barsoi P.S. Case No. 249 of 2025, F.I.R.
dated 08.10.2025 for the offences punishable under Sections
126(2), 115(2), 109, 74, 352, 351(3) and 3(5) of the BNS,
2023.
3. According to prosecution case, this petitioner
along with other accused persons assaulted the informant and
tried to outrage the modesty of the informant's wife.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
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implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. Both the parties
are agnate to each other and due to some land dispute the
present occurrence has taken place. He further submits that
the injury received by the injured person is simple in nature.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and the injury of the
injured person is simple in nature, let the petitioner, above
named, in the event of his arrest or surrender before the court
below within a period of thirty days from the date of receipt of
the order, 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 ACJM 1 st , Katihar in
connection with Barsoi P.S. Case No. 249 of 2025, subject to
the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure and with other 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
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court and on his absence on two consecutive dates without
sufficient reason, his bail bond shall be cancelled 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
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)
Vanisha/-
U T
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