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Patna High Court

RADHESHYAM RAYversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.

Summary

The petitioner, Radheshyam Ray, was arrested in connection with a case alleging that he and ten others, armed, misbehaved with women and assaulted a husband with an iron rod, causing injuries. He contended that he was falsely implicated, denied the molestation allegations, and argued that the injury report showed only simple injuries. He had been in custody since 31 August 2025 and a chargesheet had been filed. The State opposed his bail application. The High Court, after considering the FIR, the injury report, the length of custody and the charges, ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount. The order was pronounced by Justice Partha Sarthy.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the Bharatiya Nyaya Sanhita, 2023
  • Whether the injury report and the claim of false implication justify granting bail
  • Whether the petitioner poses a flight risk or threat to the investigation

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • false implication
  • assault
  • injury report
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9985 of 2026
                   Arising Out of PS. Case No.-312 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 RADHESHYAM RAY S/O LATE KAUSHAL RAY @ KUSHAL RAY
                 RESIDENT OF VILLAGE- KALYANPUR DAKSHIN TOLA VISHANPUR,
                 P.S.- BIBHUTIPUR, DIST.- SAMASTIPUR.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mukesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   25-02-2026                       1. Heard learned counsel for the parties.

                                    2. The petitioner has preferred this application for

                   grant of regular bail in connection with Bibhutipur P.S. Case

                   no.312 of 2025 registered under sections 329(3), 329(4), 126(2),

                   127(2), 115(2), 118(1), 109, 74, 76, 352 and 351(2) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                    3. As per the prosecution case, the informant states

                   that the eleven named accused persons including the petitioner

                   herein came variously armed. In furtherance of their conspiracy,

                   it is stated that the petitioner misbehaved with the ladies and

                   also assaulted her husband with an iron rod causing serious

                   injuries. All the accused persons actively participated in the

                   occurrence.
Patna High Court CR. MISC. No.9985 of 2026(2) dt.25-02-2026
                                            2/3




                         4. Learned counsel for the petitioner submits that the

          petitioner has been falsely implicated in the case. There is case

          and counter case between the parties. The correct version having

          been described in the counter case filed from the petitioner’s

          side and a copy of the FIR of which has been brought on record

          as Annexure P/2 to the petition. The allegation of molestation

          etc. is categorically denied. Further referring to the allegation of

          assault on the husband of the informant, it is submitted that the

          injury report which has been reproduced in the order of the

          learned trial Court does not support the prosecution case and the

          nature of injury has been opined to be simple. The petitioner is

          in custody since 31.8.2025 and chargesheet has been submitted

          in the case.

                             5. The application for bail is opposed by learned

          A.P.P. for the State.

                         6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the FIR, the

          submissions made on behalf of the petitioner and specially the

          contents of the injury report of the husband of the informant

          reproduced in the order of the learned trial Court together with

          the petitioner having remained in custody for over 5 months

          since 31.8.2025 and chargesheet having been submitted in the
            Patna High Court CR. MISC. No.9985 of 2026(2) dt.25-02-2026
                                                        3/3




                      case, the Court directs the petitioner to be enlarged on bail in

                      connection with Bibhutipur P.S. Case no.312 of 2025 on

                      furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with

                      two sureties of the like amount each to the satisfaction of the

                      learned Sub Divisional Judicial Magistrate, Rosera, Samastipur.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T


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