Patna High Court
Mahesh Ray @ Mahesh Kumar @ Mahesh Kumar RoyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail could not be granted to the petitioner.
Summary
Mahesh Ray applied for anticipatory bail fearing arrest in Sadar P.S. Case No. 504 of 2025, which alleged his involvement in extortion along with others under several sections of the Bihar Penal Code. The prosecution alleged that the petitioner demanded money from an informant, while the petitioner contended he was falsely implicated and that the main accused, Damdam Singh, never named him. The State opposed the bail, stating the petitioner was identified by the informant. The Patna High Court examined the material and concluded that the circumstances did not warrant anticipatory bail. Consequently, the application was dismissed and the petitioner was ordered to surrender within four weeks and seek regular bail, failing which the police would arrest him.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the extortion case under the cited sections of the Bihar Penal Code.
Subjects
- anticipatory bail
- extortion
- criminal procedure
- bail jurisprudence
- false implication
- sections of penal code
- surrender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88615 of 2025
Arising Out of PS. Case No.-504 Year-2025 Thana- PURNEA SADAR District- Purnia
======================================================
Mahesh Ray @ Mahesh Kumar @ Mahesh Kumar Roy S/O Dilip Ray @
Dilip Roy @ Dilip Kumar Roy R/O Mohalla- Housing Colony, Thana Chowk,
Purnea, P.S.- K. Hat, Distt.- Purnea
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.N. shahi, Sr. Adv.
Mr.Bijendra Kumar Singh
For the Opposite Party/s : Mr.Murli Dhar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned senior counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Sadar P.S. Case No. 504 of 2025 registered for
the offence under Sections 191(2), 190, 115(2), 329(3), 308(3),
308(4), 352, 351(2) of the BNS.
3. As per the prosecution case, the petitioner and
others are accused of demanding extortion from the informant.
4. It has been vehemently argued by the learned
senior counsel for the petitioner that the petitioner is innocent
and he has falsely been implicated in this case. He further had
tried to impress upon this Court that the main accused Damdam
Singh has not taken the name of the petitioner and therefore the
Patna High Court CR. MISC. No.88615 of 2025(2) dt.15-01-2026
2/2
petitioner may be granted anticipatory bail.
5. Learned APP for the State Mr. Jharkhandi
Upadhyay has opposed the application of the petitioner and has
submitted that the petitioner has been named by the informant
and now the main accused Damdam Singh is trying to save the
petitioner.
6. Considering the aforesaid facts, this Court does
not find this case fit for grant of anticipatory bail.
7. Accordingly, this application is dismissed.
8. The petitioner is directed to surrender within
four weeks from today and pray for regular bail failing which
the Superintendent of Police, Purnea will take all steps for
arrest of the accused person/s including the petitioner.
9. Let a copy of this order be communicated to the
Superintendent of Police, Purnea through FAX for its
compliance.
(Sandeep Kumar, J)
Vikas/-
U
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