Patna High Court
Manoj Kumar Ray @ Manoj Kumar RoyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Indian Penal Code — s. 120, 406, 420
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
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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
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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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