Patna High Court
Manoj Rai @ Manoj RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, as the allegations did not conclusively link him to the grievous injury and he has a clean antecedent.
Summary
Manoj Rai applied for anticipatory bail in connection with FIR No. 502 of 2025 concerning a land dispute that allegedly led to an unlawful assembly and assault on an informant. The prosecution charged him under multiple sections of the Bharatiya Nyaya Sanhita, 2023, while the petitioner argued that the grievous injury reported was not caused by him and that he has a clean antecedent. The State opposed the bail, contending the seriousness of the offences. The Court, noting the lack of direct evidence linking the petitioner to the grievous injury and his clean record, granted anticipatory bail subject to strict conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita. The bail order requires a bond, sureties, regular court appearances, and prohibitions against tampering with evidence or committing further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR.
- Whether the petitioner is likely to tamper with evidence or influence witnesses.
- Whether the allegations in the FIR sufficiently implicate the petitioner to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118, 126(2), 329(3), 3(5), 351(2), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- land dispute
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4549 of 2026
Arising Out of PS. Case No.-502 Year-2025 Thana- PIPRA District- East Champaran
======================================================
Manoj Rai @ Manoj Ray S/o Indradev Ray @ Indradev Rai R/o Village -
Madhura Pur, Kalyanpur, P.S - Pipra, District - East Champaran, Pin - 845413
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raju Patel
For the Opposite Party/s : Mr.Narendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 28-01-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Pipra P.S. Case No. 502 of 2025, F.I.R dated
22.11.2025 registered for the offences punishable under
Sections 126(2), 115(2), 118, 329(3), 109(1), 352, 351(2), 3(5)
of Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, a land dispute
regarding 1 Katha 18 dhur bearing Khata No. 16, Khesra No.
652. It is alleged that when the informant objected to the
accused for constructing a house on that land then 12 accused
persons formed an unlawful assembly with lathi, fattha, iron
rods and farsa and aimed a blow at the informant’s neck, which
causes hit his head/forehead and resulted in bleeding and he felt,
Patna High Court CR. MISC. No.4549 of 2026(2) dt.28-01-2026
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thereafter co-accused Savitri Devi have snatched cash worth of
Rs. 10,000/- and Rs. 500/-.
4. Learned counsel for the petitioner submits that by
referring to the injury report submits that the allegations levelled
in the First Information Report does not get corroborated insofar
petitioner is concerned because the injury, which have been
found to be grievous is not attributable to this petitioner.
Whereas, the injury for which the petitioner has been roped in is
found simple in nature and the petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
and the petitioner has clean antecedent. Accordingly, this Court
is inclined to grant the privilege of anticipatory bail to the
petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, 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 the learned Chief Judicial Magistrate, East
Champaran, Motihari in connection with Pipra P.S. Case No.
Patna High Court CR. MISC. No.4549 of 2026(2) dt.28-01-2026
3/3
502 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure / Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other
following conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
abhishekkr/-
U T
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