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Patna High Court

Manish Ray @ Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a cash bond and sureties.

Summary

Manish Ray was arrested in connection with a case of extortion, assault with a sword, and firing on an informant, charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The petitioner claimed innocence, arguing that no incriminating material was found on him, the FIR was lodged a day late, and the injury to the informant was minor. He also highlighted that a co‑accused had already been granted bail. The State opposed bail, citing the seriousness of the offences and the petitioner’s prior criminal antecedent. Considering the lack of specific evidence, the delay in filing the FIR, the simple nature of the injury, and the period already spent in custody, the Court decided to grant bail on the condition of a cash bond and sureties. The order released the petitioner on bail pending trial.

Issues considered

  • Whether bail should be granted to the petitioner accused of extortion, assault, and arms offences under the Bharatiya Nyaya Sanhita and the Arms Act.

Legislation cited

Subjects

  • bail
  • extortion
  • assault
  • arms act
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • injury report
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79112 of 2025
                   Arising Out of PS. Case No.-510 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur
                 ======================================================
                 Manish Ray @ Manish Kumar S/O Raj Kumar Ray @ Raja Ray R/O Vill.-
                 Rup Chhapra, P.S- Sahebganj, Dist- Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhinav Shandilya, Advocate
                 For the Opposite Party/s :       Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   06-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                                2. The petitioner seeks bail in connection with

                   Sahebganj P.S. Case No. 510 of 2024, instituted for the offences

                   punishable under Sections 126(2), 115(2), 118(1), 109, 308(4),

                   352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27

                   of the Arms Act.

                                3. The prosecution case, in short, is that, the petitioner

                   along with other co-accused persons demanded Rs. 50,000/- as

                   extortion and on denial, the accused persons went to the house

                   of the informant and the petitioner assaulted him by means of

                   sword on his head and fired upon the informant and fled away

                   from the place of occurrence.
Patna High Court CR. MISC. No.79112 of 2025(3) dt.06-02-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. No incriminating material has been recovered from

          the conscious possession of the petitioner. Learned counsel for

          the petitioner also submits that there is delay of one day in

          lodging the FIR.          There is general and omnibus allegation

          against the accused persons. The only specific allegation against

          the petitioner is that he assaulted the informant by sword but as

          per the injury report, the injury sustained by the informant is

          simple in nature. It is further submitted that there is case and

          counter case between the parties. The petitioner is in custody

          since 18.08.2025 and has got one criminal antecedent. Charge-

          sheet has been submitted in this case. The co-accused person

          has already been granted bail by this Court vide order dated

          07.03.2025 passed in Cr. Misc. No. 13715 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, claim based on parity and taking into account the

          period of custody undergone by the petitioner, this Court is

          inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing
           Patna High Court CR. MISC. No.79112 of 2025(3) dt.06-02-2026
                                                       3/3




                     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 Sahebganj P.S. Case

                     No. 510 of 2024.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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