Patna High Court
Manoj RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Considering the facts and the period of custody, the Court is inclined to grant bail to the petitioner subject to conditions.
Summary
Manoj Rai was arrested in connection with a case involving offences under several IPC sections (341, 323, 504, 506, 363, 365, 34) and Section 27 of the Arms Act, alleged to have participated in indiscriminate firing and assaulting the father of an informant. The petitioner claimed he was not present at the scene, that no incriminating material was found on him, and that the specific allegation of firing pertained to other co‑accused who had already been granted bail. The State opposed the bail application, citing the seriousness of the charges. The Court examined the custody period, the lack of direct evidence against the petitioner, and the precedent of bail to co‑accused, and decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties and conditions of family surety and regular court appearances. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the IPC and Arms Act.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 323, 34, 341, 363, 365, 504, 506
Subjects
- bail
- Indian Penal Code
- Arms Act
- pre‑trial detention
- criminal procedure
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54642 of 2025
Arising Out of PS. Case No.-25 Year-2019 Thana- PANDARAK District- Patna
======================================================
Manoj Rai S/o Shatrughan Roy @ Satrudhan Roy R/O Rajauli, Ward no. 14,
Chamtha Laxman Tola,P.S. - Bachhwara, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Zeyaul Hoda, Advocate
Mr. Thakur Brajesh Singh, Advocate
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 30-01-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in Pandarak P.S. Case No.
25 of 2019, instituted for the offences punishable under Sections
341, 323, 504, 506, 363, 365, 34 of the Indian Penal Code and
Section 27 of the Arms Act.
3. The prosecution case, in short, is that the petitioner
along with other co-accused persons resorted to indiscriminate
firing, misbehaved with the informant and his family members.
The informant somehow managed to escape but, his father was
illegally restrained. Thereafter, the whereabouts of his father is
not known.
Patna High Court CR. MISC. No.54642 of 2025(4) dt.30-01-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submitted that the petitioner was not present at the place of
occurrence when father of the informant was abused and
assaulted by other co-accused persons. It is next submitted that
allegation levelled against the petitioner is of calling the
miscreants which is general and omnibus in nature and specific
allegation of firing is against other co-accused person. The
petitioner is in custody since 29.01.2025 and has got one
criminal antecedent. Learned counsel for the petitioner further
submits that other co-accused has been granted regular bail by
this Court vide order dated 01.09.2025 passed in Cr. Misc. No.
36121 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
Patna High Court CR. MISC. No.54642 of 2025(4) dt.30-01-2026
3/3
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Pandarak P.S. Case
No. 25 of 2019, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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