Patna High Court

Shambhu RaiversusThe State of Bihar

Decided: 18 March 2026
Disposal: BAIL REJECTED
Bench: SATYAVRAT VERMA

Holding

The court held that bail could not be granted and dismissed the bail application.

Summary

Shambhu Rai, the petitioner, was charged with multiple offences under the Indian Penal Code, including murder (Section 302) and various assault and robbery provisions. He applied for bail, claiming a clean antecedent and alleging false implication by the informant. The informant alleged that Rai and others assaulted her and her father‑in‑law, resulting in the latter's death. The State and the informant opposed bail, emphasizing the seriousness of the charges, especially the alleged fatal assault. After hearing both sides, the court found the allegations sufficient to deny bail and rejected the petitioner's application.

Issues considered

Whether bail should be granted to an accused facing murder and other serious IPC offences.
Whether the allegations of assault leading to death justify denial of bail.
Whether the petitioner's clean antecedent and claim of false implication affect the bail decision.

Legislation cited

Indian Penal Code — s. 302, 307, 323, 324, 325, 34, 341, 354, 379, 504, 506

Subjects

bail
Indian Penal Code
murder
assault
false implication
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91010 of 2025
                    Arising Out of PS. Case No.-274 Year-2023 Thana- MEHSI District- East Champaran
                 ======================================================
                 Shambhu Rai S/o Late Chalitar Rai Resident of Village - Mithanpura, P.S -
                 Mehasi, District - East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nishi Nath Ojha, Advocate
                 For the Opposite Party/s :       Mr. Ashok Kumar Singh, APP
                 For the Informant        :       Mr. Ajay Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-03-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 341, 323, 324, 325, 307,

                   379, 354, 504, 506 and 34 of the Indian Penal Code and

                   subsequently Section 302 of the Indian Penal Code was also

                   added.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 24.03.2025. It is next submitted that the informant alleges

                   that accused persons including the petitioner came to her house

                   and started abusing, on objection the petitioner assaulted her and
Patna High Court CR. MISC. No.91010 of 2025(2) dt.18-03-2026
                                            2/3




          her father-in-law by farsa causing injury on their legs and

          Chhotu and Rampravesh assaulted the father-in-law of the

          informant by rod causing injury.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that the date of occurrence is

          05.08.2023 and the fardbayan of the informant was recorded at

          the hospital on 10.08.2023 and thereafter the FIR came to be

          instituted on 21.08.2023. It is also submitted that no doubt the

          father-in-law of the informant died during the course of

          treatment, but then it is also alleged in the FIR that Chhotu and

          Rampravesh also assaulted the informant and her father-in-law

          by rod causing injury.

                       5. Learned A.P.P. for the State as well as learned

          counsel appearing on behalf of the informant opposes the prayer

          for bail of the petitioner. Learned counsel appearing on behalf of

          the informant submits that from perusal of the allegation as

          alleged in the FIR, it would manifest that specific allegation of

          assaulting the father-in-law of the informant is against petitioner

          by farsa causing injury on head which is a vital part of the body

          and the father-in-law of the informant during the course of

          treatment also died.
            Patna High Court CR. MISC. No.91010 of 2025(2) dt.18-03-2026
                                                        3/3




                                   6. Considering the submissions made by the learned

                      APP for the State and learned counsel appearing on behalf of the

                      informant, the Court is not inclined to release the petitioner on

                      bail.

                                   7. Accordingly, the instant bail application stands

                      rejected.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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