Patna High Court
Manish Ray @ Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 308(4), 3(5), 352
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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