Patna High Court
Manish Rai @ Manish Ray @ Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to a bond of Rs. 15,000, two sureties and conditions of appearance.
Summary
Manish Rai was arrested in connection with a case involving kidnapping, kidnapping for ransom, criminal conspiracy and common intention under IPC sections 364, 365, 120(B) and 34. An earlier bail application was rejected because he had assured the informant of returning the child, indicating possible complicity. The petitioner filed a second bail application, arguing that only three witnesses have been examined, he has been in custody since 29‑06‑2024, and the trial is far from conclusion, making continued detention a violation of Article 21. The State opposed the bail. The Court, noting the prolonged pre‑trial incarceration and its incompatibility with the right to liberty, granted bail on a bond of Rs. 15,000 with two sureties and conditions regarding family surety and appearance in court.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences and alleged complicity
- Whether continued pre‑trial detention violates the right to life and liberty under Article 21 of the Constitution
- Whether bail can be granted subject to bond and specific conditions
Legislation cited
- Constitution of India — s. Article 21
- Indian Penal Code — s. 120B, 34, 364, 365
Subjects
- bail
- pre‑trial detention
- Article 21
- Indian Penal Code
- kidnapping
- criminal conspiracy
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 87640 of 2025
Arising Out of PS. Case No.-773 Year-2023 Thana- BIDUPUR District- Vaishali
======================================================
Manish Rai @ Manish Ray @ Manish Kumar Son of Satendra Ray @
Satender Ray @ Satender Ray Village- Naya Tola Majlispur, P.S. -Bidupur,
District -Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravish Mishra, Advocate
For the Opposite Party/s : Mr.Jai Narain Thakur, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bidupur
P.S. Case No. 773 of 2023, instituted for the offences under
Sections 364, 365, 120(B) and 34 of the Indian Penal Code.
3. Earlier vide order dated 17.02.2025 passed in
Criminal Miscellaneous No. 79958 of 2024, regular bail of the
petitioner was rejected by this Court taking into account the fact
that petitioner has assured the informant to return his child,
which suggests his complicity in the occurrence.
4. Learned counsel for the petitioner submits that the
present one is the second attempt for grant of regular bail to the
petitioner. It is mainly submitted that Charge in this case is
framed and till date, only three witnesses have been examined.
Patna High Court CR. MISC. No. 87640 of 2025(2) dt.09-01-2026
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It has been submitted on behalf of the petitioner that the
petitioner is in custody since 29.06.2024. Learned counsel
further submits that there is no likelihood of the trial being
concluded in the near future. Learned counsel goes on to submit
that the continued incarceration of the petitioner without
conclusion of trial amounts to a gross violation of the
fundamental right guaranteed under Article 21 of the
Constitution of India, which is reiterated by Hon’ble Apex Court
in plethora of Judgments.
5. Learned A.P.P. 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, period of custody of the petitioner and taking into
account the fact that continued detention of the petitioner would
serve no purpose other than punitive pretrial incarceration,
which is antithetical to the spirit of Article 21 of the
Constitution of India, this Court is inclined to grant bail to the
petitioner.
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 Bidupur P.S. Case
Patna High Court CR. MISC. No. 87640 of 2025(2) dt.09-01-2026
3/3
No. 773 of 2023, 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)
manish/-
U T
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