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Patna High Court

Manoj Rai @ Manoj RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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