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2026 DAILYLAW 4232 (PAT)

Madan Ray v. The State of Bihar

CR. MISC./27470/2026 · 2026-05-01

Arun Kumar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27470 of 2026 Arising Out of PS. Case No.-496 Year-2025 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Madan Ray S/o Late Yugal Ray, R/o Village- Sultanpur Chaurahi, Post Office- Sahpur, Police Station- Patory, District- Samsatipur. ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Ram Narayan Mahto, Advocate For the State : Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 01-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. In the present case, the petitioner is apprehending his arrest in connection with Shahpur Patori P.S. Case No. 496 of 2025, dated 27.12.2025, registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109, 352 and 351(2) read with Section 3(5) of the B.N.S., 2023. 3. As per prosecution case, in the background of land dispute, petitioner and other co-accused persons assaulted the informant and his family members causing injuries to them. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The main allegation of causing injuries on informant and other three persons is against co-accused persons, namely Dhiraj Kumar and Rahul Kumar who caused fracture of hand of the Patna High Court CR. MISC. No.27470 of 2026(2) dt.01-05-2026 2/3 informant and the only allegation against the petitioner is that he hit the informant with khurpi, but there is no such injury on the informant. The injury report of informant shows abrasions and swelling at right forearm and X-ray showed fracture of mid shaft of ulna of right hand. For causing such injury, the allegation is against the co-accused persons and not on this petitioner. Learned counsel further submits that the true facts of the case is that the informant’s side looted the shop of the petitioner and in order to save themselves, they have lodged this false case after delay of two days. The counter version bearing Shahpur Patori P.S. Case No. 498 of 2025, is lodged by the wife of this petitioner against the informant and number of other persons. Thereafter, a Panchayat was held, but the informant’s side did not abide by the Panchayat. Learned counsel for the petitioner further submits that therefore there is no allegation of assault against the petitioner who is having antecedent of one case lodged in the year 2020. 5. Learned APP opposes the submissions made on behalf of the petitioner. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the absence of injury allegedly caused by the petitioner and further Patna High Court CR. MISC. No.27470 of 2026(2) dt.01-05-2026 3/3 considering the possibility of false implication, let the petitioner, above-named, in the event of his arrest or surrender before the Court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patori, Samastipur, in connection with Shahpur Patori P.S. Case No. 496 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned trial Court. Shahnawaz/- (Arun Kumar Jha, J) U