Patna High Court

Manish Rai @ Manish KumarversusThe State of Bihar

Decided: 9 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner with specified conditions.

Summary

Manish Rai was charged under IPC sections 341, 323, 324, 504, 506/34 and Arms Act sections 25(1‑B)A & 26 for allegedly restraining an informant with a rope, attempting murder, and extorting Rs 2 lakh. The informant opposed bail, claiming the act was intended to kill him. The petitioner argued the FIR was vague, the injury was minor, and a co‑accused had already been granted bail; he also highlighted his 13 prior cases as the sole ground for denial. The court examined the seriousness of the offences, the petitioner’s criminal antecedents, and the precedent of bail to a co‑accused. It decided to grant bail subject to conditions: a near‑relative as bailor, presence at all trial dates, weekly attendance at the police station, and a bail bond of Rs 10,000 with two sureties. The petitioner was released on bail accordingly.

Issues considered

Whether bail should be granted to the petitioner despite serious charges under the IPC and Arms Act and his extensive criminal antecedents.

Legislation cited

Arms Act — s. 25(1-B)A, 26
Indian Penal Code — s. 323, 324, 341, 504, 506/34

Subjects

bail
criminal procedure
Indian Penal Code
Arms Act
extortion
prior convictions
conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9327 of 2026
                     Arising Out of PS. Case No.-362 Year-2023 Thana- MOHIUDDIN NAGAR District-
                                                        Samastipur
                 ======================================================
                 Manish Rai @ Manish Kumar S/O Rajdev Rai R/O Vill- Ramaiya, P.S.-
                 Mohiuddinnagar, Dist- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Shashank Shekhar, Advocate
                 For the State           :       Mr. Ram Anurag Singh, APP
                 For the Informant       :       Mr. Mritunjay Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   09-04-2026                   Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the Informant.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 341, 323,

                   324, 504 & 506/34 of the Indian Penal Code and under Section

                   25(1-B)A & 26 of the Arms Act.

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

                   petitioner along with others have dragged the informant by

                   putting a rope around his neck. The informant alleges that this

                   was done with an intent to commit his murder. It has further

                   been stated that accused persons were pressurizing him for

                   withdrawing the case and were demanding rangdaari of Rupees

                   Two Lakh.
Patna High Court CR. MISC. No.9327 of 2026(4) dt.09-04-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that

          from perusal of the FIR it is clear that the nature of allegation is

          general and omnibus. Learned counsel for the petitioner has

          further submitted that the nature of injury is simple. It has

          further been submitted that similarly situated co-accused has

          been granted bail by the learned trial court itself and the bail

          petition of this petitioner was rejected on the ground of his

          antecedents. Learned counsel for the petitioner has submitted

          that the petitioner is having criminal antecedent of 13 cases.

          Learned counsel for the petitioner has further submitted that the

          petitioner is having criminal antecedent of 09.12.2025.

                       5. Learned counsel for the Informant has vehemently

          opposed the bail application of the petitioner.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail with the condition that

          one of the bailor shall be near relative of the petitioner; the

          petitioner shall co-operate in the trial; petitioner shall remain

          physically present on each and every date in the trial court

          whenever required and shall also mark his weekly attendance

          at Mohiuddinnagar P.S.

                       7. The above named petitioner is directed to be
            Patna High Court CR. MISC. No.9327 of 2026(4) dt.09-04-2026
                                                        3/3




                      released on bail in connection with Mohiuddinnagar P.S. Case

                      No. 362 of 2023 on furnishing bail bond of Rs.10,000/- (ten

                      thousand) with two sureties of the like amount each to the

                      satisfaction of learned Chief Judicial Magistrate, Samastipur.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T

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