Patna High Court
Suresh Ray @ Ram Suresh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioner, subject to a bond, sureties, and conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Suresh Ray, sought anticipatory bail in a case (PS Case No. 308 of 2025) alleging extortion, threats of death, and assault on an informant and his relatives. The prosecution alleged that the petitioner, along with co‑accused Rakesh Yadav, demanded Rs.1,00,000 and assaulted the informant’s family. The petitioner contended that the FIR was lodged three months after the alleged incident without explanation, that the extortion charge pertained only to the co‑accused, and that he has no criminal antecedent. The State and the informant opposed bail, citing serious allegations. Considering the lack of a direct allegation against the petitioner, the delay in filing the FIR, and his clean record, the court granted anticipatory bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted despite allegations of extortion and assault.
- Whether the three‑month delay in filing the FIR warrants denial of bail.
- Whether there is a direct charge against the petitioner for demanding extortion.
- Whether conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are applicable.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- extortion
- delay in FIR
- criminal antecedent
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25831 of 2026
Arising Out of PS. Case No.-308 Year-2025 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Suresh Ray @ Ram Suresh Ray S/o Yadu Ray R/o Manoripur, P.S. -
Kusheshwar Asthan, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate
For the State : Mr. Prem Kumar Jha, APP
For the Informant : Mr. Shashank Chouhan, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner as well as the
informant and learned Additional Public Prosecutor for the
State.
2. The petitioner is apprehending his arrest in
connection with Kusheshwar Asthan P.S. Case No. 308 of 2025
in a case registered for the offence punishable under Sections
126(2), 115(2), 308(4), 351(2), 3(5) of the BNS.
3. As per the prosecution case, the petitioner along
with one co-accused Rakesh Yadav demanded extortion of Rs.
1,00,000/- from the informant under threat of death via phone
calls and in person, eventually escalating to physical assault on
the informant’s father and brother.
4. Learned counsel for the petitioner submits that it
would be evident from the first information report that the
Patna High Court CR. MISC. No.25831 of 2026(2) dt.01-05-2026
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incident of demanding extortion had taken place on 14.07.2025
and the present case has been lodged after an inordinate delay of
three months i.e. on 14.10.2025 for which no plausible
explanation has been tendered. It is further submitted that the
allegation of demand of extortion and even act of assault is upon
one co-accused Rakesh Yadav and name of the petitioner has
only been taken by said Rakesh Yadav about the money to be
paid to the petitioner. The present case has been filed as a
counter blast of an FIR filed by the petitioner against the
informant with regard to demolition of boundary wall, being
Kusheshwar Asthan P.S. Case No. 205 of 2025 dated 17.07.2025
(Annexure- 2). Further the petitioner is the head-master of a
school having no criminal antecedent.
5. Learned APP for the State as well as learned
counsel for the informant have opposed the application for
anticipatory bail on the ground that there are serious allegations
against the petitioner.
6. Taking into consideration the facts and
circumstances and also considering the fact that there is no
direct allegation against the petitioner of demanding extortion
coupled with the delay in the FIR, let the above named
petitioner who has no criminal antecedent, in the event of his
Patna High Court CR. MISC. No.25831 of 2026(2) dt.01-05-2026
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arrest or surrender before the learned Court below within a
period of four weeks from today, be enlarged on bail 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 court below where the case is pending/successor court
in connection with Kusheshwar Asthan P.S. Case No. 308 of
2025, subject to the condition as laid down under Section 438
(2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
priyanka/-
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