Patna High Court
RADHESHYAM RAYversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 127(2), 329(3), 329(4), 351(2), 352, 74, 76
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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