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Patna High Court

Manoj RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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