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Patna High Court

Shambhu RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.86641 of 2025(2) dt.08-01-2026
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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
            Patna High Court CR. MISC. No.86641 of 2025(2) dt.08-01-2026
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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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