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Patna High Court

Suresh Ray @ Ram Suresh RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                         3/3




                       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/-

U      T


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