Patna High Court
Mantu RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, Mantu Ray, subject to conditions under Section 438(2) CrPC and Section 482(2) of the Bihar Negotiable Sale Act, 2023.
Summary
The petitioner, Mantu Ray, applied for anticipatory bail in a case alleging that he, along with others, threatened the informant’s family over an unpaid land transaction, leading to the informant’s son’s suicide. The FIR charges under Sections 316(2), 108, 352, 351(2), 351(3) and 3(5) of the Bihar Negotiable Sale Act, 2023, and the prosecution’s case is based on the informant’s written complaint. The petitioner contended that he was falsely implicated due to village politics and that no specific act was attributed to him, noting that co‑accused had already been granted anticipatory bail. The court, considering the similarity of the petitioner’s situation to the co‑accused and the lack of direct evidence, exercised its power under Section 438(2) of the CrPC and Section 482(2) of the Bihar Negotiable Sale Act to grant anticipatory bail. The order directed the petitioner to surrender within four weeks and furnish a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations of threat and involvement in the suicide.
- Whether the petitioner’s alleged participation, based solely on familial relationship, warrants arrest.
- Whether the precedent of anticipatory bail granted to co‑accused applies to the petitioner.
Legislation cited
- Bihar Negotiable Sale Act, 2023 — s. 108, 316(2), 3(5), 351(2), 351(3), 352
- Criminal Procedure Code — s. 438(2), 482(2)
Subjects
- anticipatory bail
- suicide
- threat
- land dispute
- false implication
- Section 438 CrPC
- Bihar Negotiable Sale Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29335 of 2026
Arising Out of PS. Case No.-908 Year-2024 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Mantu Ray S/o Guljar Ray R/o Village- Dighi Kala East, P.S.- Sadar Hajipur,
Dist.- Vaishali, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Keshab Raj
For the Opposite Party/s : Mr. Md. Fahimuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 07-05-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Hajipur Sadar Police Station Case No. 908 of 2024,
disclosing offences under Sections 316(2), 108, 352, 351(2),
351(3), 3(5) of the BNS, 2023.
3. The prosecution case is based on a written
application filed by the informant, Shivchandra Rai, alleging
that about three months prior to the occurrence, accused persons
Sahdev Rai, Paramjeet Rai, Surendra Rai, and Ranjan Kumar,
by exerting influence and inducement, got approximately 12
Kattha of land belonging to the informant’s mother, Gaya Devi,
registered in the names of their wives by paying only part of the
agreed consideration amount. The land was valued at about Rs.
Patna High Court CR. MISC. No.29335 of 2026(2) dt.07-05-2026
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2,57,50,000/-, out of which Rs. 1,38,00,000/- was allegedly
paid, while the remaining Rs. 1,19,50,000/- remained unpaid. It
is alleged that upon demand of the remaining amount, the
aforesaid accused persons along with Mantu Rai (petitioner)
threatened the informant and his family with dire consequences.
Due to such threats and fear regarding non-payment of money
and danger to his life, the informant’s son, Gulshan Kumar,
remained under mental stress and had allegedly expressed his
apprehensions through phone calls and social media posts. It is
further alleged that continuous threats by the accused persons
drove Gulshan Kumar into fear and shock, as a result of which
he committed suicide by hanging himself.
4. Learned Counsel for the petitioner submits that
the petitioner has falsely been implicated in the present case due
to suspicion, village politics, and family dispute. The FIR
alleges that after execution of a gift deed by the informant’s
mother in favour of the informant’s wife, the accused persons
allegedly threatened the informant’s son, who subsequently
committed suicide by hanging himself. It is next submitted that
no specific allegation or overt act has been attributed against the
petitioner and that he has been implicated merely on account of
his relationship with co-accused Sahdeo Rai, being his nephew.
Patna High Court CR. MISC. No.29335 of 2026(2) dt.07-05-2026
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The petitioner is neither a beneficiary of the alleged land
transaction nor connected with the execution of the gift deed.
According to the petitioner, the occurrence arose out of an
internal family dispute relating to the said gift deed. It is also
submitted that co-accused persons, namely Sahdeo Rai,
Surendra Rai, Ranjan Kumar, and Paramjeet Rai, have already
been granted anticipatory bail by a Co-ordinate Bench of this
Court vide order dated 16.04.2025 passed in Cr. Misc. No.
19285 of 2025. The petitioner further submits that he is a
transporter by profession and, due to local enmity and business
rivalry, has been falsely implicated in several cases.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
similarly situated co-accused persons have been granted
anticipatory bail by a Co-ordinate Bench of this Court, I am
inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.29335 of 2026(2) dt.07-05-2026
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Vaishali at Hajipur, in connection with Hajipur Sadar Police
Station Case No. 908 of 2024, subject to the condition laid
down under Section 438 (2) of the Code of Criminal
Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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