Patna High Court
Manjay RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioner, ordering release upon furnishing the prescribed bond and sureties.
Summary
Manjay Ram was arrested in connection with a mob attack on a police station in Dinara, Rohtas, alleged under Sections 191(2), 191(3), 190, 121(1), 121(2), 324(5) and 109 of the Bharatiya Nyaya Sanhita, 2023. The FIR named 52 persons and 100 unknown persons, with the petitioner identified solely on the basis of a chaukidar’s disclosure, despite residing in a different district. The petitioner had already been granted bail in a related case (Dinara PS Case No.363 of 2025) and had a pending bail application in another case (Case No.366 of 2025). He argued that the allegations against him were vague and that he was being implicated in an omnibus manner. The State opposed bail, citing the seriousness of the offences. After considering the facts, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, thereby allowing the bail application.
Issues considered
- What is the appropriateness of granting bail to the petitioner in view of the charges under the Bharatiya Nyaya Sanhita, 2023?
- Whether the petitioner’s identification in the FIR, based solely on a chaukidar’s statement, suffices to deny bail?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 121(1), 121(2), 190, 191(2), 191(3), 324(5)
Subjects
- bail
- mob attack
- police station
- Bharatiya Nyaya Sanhita
- criminal procedure
- non-bailable offences
- identification in FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4936 of 2026
Arising Out of PS. Case No.-364 Year-2025 Thana- DINARA District- Rohtas
======================================================
Manjay Ram, aged about 43 years, Male, S/O Vijay Bahadur Ram, R/O
Village- Sikhti, P.S.- Dhansoi, Dist.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhanshu Kumar, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Dinara
PS Case No.364 of 2025 dated 31.07.2025, instituted for the
offence punishable under Sections 191(2), 191(3), 190, 121(1),
121(2), 324(5) and 109 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that on the alleged
date of occurrence, the informant, who is the ASI, was on duty
at the PS and other officials had gone to village Belwaiya to
maintain law and order on account of a land dispute. All of
sudden, about 200 persons assembled at the gate of the Police
Station. The mob while raising slogans attacked the Police
Station and assaulted the informant by means of Lathi-Danda.
The mob also entered into the Police Station and ransacked the
Patna High Court CR. MISC. No.4936 of 2026(2) dt.28-01-2026
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Police Station. Later on, the accused persons were identified
from CCTV footage and video footage and accordingly, FIR
was lodged.
4. Learned counsel for the petitioner submits that the
FIR has been lodged against 52 named and 100 unknown
persons. There is nothing specific against the petitioner, rather,
the allegation is general and omnibus. Further submission is that
the petitioner is the resident of village- Sikthi, PS- Dhansoi,
District- Buxar, whereas, the occurrence has taken place in
Dinara PS within Rohtas District. The petitioner has been made
accused only on the basis of disclosure made by the Chaukidar.
It is also submitted that three cases have been lodged for the
present occurrence as well as connected occurrence and the
petitioner has been made accused in all the three cases. Further
submission is that the petitioner has been granted bail in Dinara
PS Case No.363 of 2025 by the lower Court itself on 01.12.2025
and the bail application of the petitioner in Dinara PS Case
No.366 of 2025 is pending before the lower Court. Lastly, it is
submitted that the petitioner has been remanded in this case on
09.09.2025 from Dinanra PS Case No.363 of 2025 and two
criminal cases are pending against the petitioner which have
been lodged for the same occurrence.
Patna High Court CR. MISC. No.4936 of 2026(2) dt.28-01-2026
3/3
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the Judicial Magistrate, 1 st Cass,
Bikramganj, Rohtas, in Dinara PS Case No.364 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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