Patna High Court

Manjan Rai @ Manjey Ray @ Yogendra Rai @ Jogendra RaiversusThe State of Bihar

Decided: 24 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

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

Summary

Manjan Rai applied for bail in a case registered as Bihra P.S. Case No.31 of 2025, where he is accused under Sections 103(1), 238 and 61(2) of the Bharatiya Nyaya Sanhita for allegedly killing the informant's daughter. The prosecution alleged his participation in the murder, while the petitioner contended that he is not a family member of the deceased and that the allegations are vague and unsupported by material evidence. He also highlighted that a co‑accused in similar circumstances had been granted bail and that he has no prior criminal record, having been in judicial custody since 25‑11‑2025. The State opposed the bail on the seriousness of the offences. After hearing both sides, the Court found the petitioner's arguments persuasive and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.

Issues considered

What is the applicability of bail provisions under the Bharatiya Nyaya Sanhita to the petitioner charged with offences under Sections 103(1), 238 and 61(2)?
Whether the material on record is sufficient to justify denial of bail in a murder‑related case.

Legislation cited

Bharatiya Nyaya Sanhita — s. 103(1), 238, 61(2)

Subjects

bail
criminal procedure
Bharatiya Nyaya Sanhita
Section 103
Section 238
Section 61
judicial custody
sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18688 of 2026
                         Arising Out of PS. Case No.-31 Year-2025 Thana- BIHRA District- Saharsa
                 ======================================================
                 Manjan Rai @ Manjey Ray @ Yogendra Rai @ Jogendra Rai S/o Late Saheb
                 Rai R/o Village- Patori, PS- Bihra, District- Saharsa
                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Satish Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   24-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Bihra P.S. Case No.31 of 2025 registered for the offence

                   punishable under Sections 103(1), 238 and 61(2) of the

                   Bharatiya Nyaya Sanhita (BNS).

                                3. The case of the prosecution, in short, is that the

                   accused persons including the petitioner killed the daughter of

                   the informant.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that the petitioner is gotiya of the

                   deceased. He is not the family member of the deceased. It has

                   further been submitted that the nature of allegation against the

                   petitioner is general and omnibus. Learned counsel for the

                   petitioner has further submitted that there is no cogent material
            Patna High Court CR. MISC. No.18688 of 2026(2) dt.24-03-2026
                                                        2/2




                      to show that the petitioner is implicated in this case. Learned

                      counsel for the petitioner has further submitted that similarly

                      situated co-accused has been granted bail by the learned Co-

                      ordinate Bench of this Court vide Cr. Misc. No. 85980 of 2025.

                      The case of this petitioner stands on similar footing. Learned

                      counsel for the petitioner has further submitted that the

                      petitioner is having no criminal antecedent and is in judicial

                      custody since 25.11.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      Judicial Magistrate- 1st Class, Saharsa in connection with Bihra

                      P.S. Case No.31 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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