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Patna High Court

Manoj Kumar Ray @ Manoj Kumar RoyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to bail, subject to a bond and sureties, as the allegations do not justify pre‑trial detention.

Summary

The petitioner, Manoj Kumar Ray, feared arrest in a criminal complaint alleging cheating, criminal breach of trust and criminal conspiracy (IPC §§420, 406, 120B) related to a disputed land transaction that caused a loss of Rs. 52 lacs to the complainant. He contended that he was merely an informant, not a broker or beneficiary, and that the matter was essentially a civil dispute already pending as Money Suit Case No. 1 of 2023. The State opposed his bail, while the petitioner highlighted the absence of any criminal antecedent and pointed to similar co‑accused who had been granted anticipatory bail in earlier orders. The court examined whether the allegations justified pre‑trial detention and whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permitted bail. Concluding that the petitioner’s role did not warrant incarceration, the court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 482(2).

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
  • Whether the allegations constitute a criminal offence warranting pre‑trial detention or are merely a civil dispute.
  • Whether the petitioner’s lack of criminal antecedent and the grant of bail to co‑accused influence the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • IPC 420
  • criminal breach of trust
  • criminal conspiracy
  • land dispute
  • civil suit
  • bail conditions
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61850 of 2025
                    Arising Out of PS. Case No.-1297 Year-2022 Thana- SAHARSA COMPLAINT CASE
                                                     District- Saharsa
                 ======================================================
                 Manoj Kumar Ray @ Manoj Kumar Roy Son of Gopi Kant Ray @ Late Gopi
                 Ray R/o Village - Bijwar, P.S. - Mahishi, Dist.- Saharsa.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Nagendra Kumar Son of Naresh Mohan Thakur R/o Village - Nawalganj
                 Mainpur, P.S. - Bhargama, Dist. - Araria. At present - Sambhaji Nagar,
                 Varangaon Road, P.S. - Bhusawal, Dist. - Jalgaon(Maharashtra).

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Pramod Mishra, Advocate
                 For the Opposite Party/s :    Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   08-01-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                     2. The petitioner apprehends his arrest in a case

                   registered under Sections 420, 406 and 120B of the Indian Penal

                   Code.

                                   3. It is alleged that co-accused persons sold pieces

                   of land to the complainant (in the name of the complainant’s

                   wife). Later, it was found that the said land was already sold to

                   another person and caused loss of Rs. 52 lacs to the

                   complainant. Allegation against the petitioner is that he was

                   middle man in the transaction.

                                   4.    Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.61850 of 2025(2) dt.08-01-2026
                                            2/3




          petitioner submits that petitioner is innocent and has falsely

          been implicated in the present case. Further submission is that

          petitioner is neither the broker nor the agent of the land in

          question. He had only told about the land to the complainant and

          complainant after verification purchased the said land. Petitioner

          has no interest with the land in question and he is not

          beneficiary in the transaction. Learned counsel submits that it is

          a case of civil dispute and the complainant and his wife have

          already filed a case bearing Money Suit Case No. 1 of 2023

          which is pending in the Court concerned. Similarly situated co-

          accused persons have already been granted anticipatory bail by

          a Co-ordinate Bench of this Court vide orders dated 31.01.2024

          and 30.08.2024 passed in Cr. Misc. Nos. 85094 of 2023 and

          78367 of 2023 respectively. Petitioner has got no criminal

          antecedent and he undertakes to cooperate in the trial of this

          case.

                        5. Learned A.P.P. for the State 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 above named petitioner be released on bail, in the event of

          arrest or surrender before the learned court below within a
            Patna High Court CR. MISC. No.61850 of 2025(2) dt.08-01-2026
                                                        3/3




                      period of six weeks from today, on furnishing bail bond of

                      Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of learned Chief Judicial

                      Magistrate, Saharsa in connection with Complaint Case No.

                      1297 of 2022, subject to the conditions as laid down under

                      Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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