Patna High Court
Majnu Ray @ Akhilesh Ray @ Majnu @ Akhilesh Kumar @ Manju RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Majnu Ray, was arrested in connection with a violent incident at Gadhaiya Sand Mines where firing resulted in the deaths of Vikash Mahto and Sudarshan Rai and injuries to others. He was charged under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner argued that he was not named in the FIR and that his alleged involvement was based solely on a confessional statement of co‑accused Saroj Ray, who had already been granted bail. The State opposed the bail application, citing the seriousness of the offences. The Court considered the general and omnibus nature of the accusation, the lack of direct naming in the FIR, and the period of custody, and decided to grant regular bail on the condition of a bond and sureties. Consequently, the petitioner was released on bail.
Issues considered
- Whether bail can be granted to an accused charged with murder and offences under the Arms Act when the FIR does not name him and the only evidence is a co‑accused's confessional statement.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC
- Arms Act
- confessional statement
- co‑accused
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9471 of 2026
Arising Out of PS. Case No.-210 Year-2024 Thana- KOILWAR District- Bhojpur
======================================================
Majnu Ray @ Akhilesh Ray @ Majnu @ Akhilesh Kumar @ Manju Rai S/O
Chandradeep Rai @ Chandradip Rai R/o- Chakiya Kotwapatti, Rampur, P.S-
Doriganj,Dist-Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ghanshyam Tiwary, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard Mr. Ghanshyam Tiwary, learned counsel for the
petitioner and Mr. Umeshanand Pandit, learned A.P.P. for the
State.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under Sections 302 and 34 of the Indian
Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, on 01.05.2024 at 3.30
P.M., the son of the informant, namely Vikash Mahto and some
villagers went to Gadhaiya Sand Mines to work there where
firing took place to establish supremacy on mining of sand in
which some persons got injured by bullets. The informant went
there and found his son and Sudarshan Rai got injured by bullets
in the said firing and died during their treatment. It is further
Patna High Court CR. MISC. No.9471 of 2026(2) dt.18-02-2026
2/3
alleged that the informant and Tulsi Rai, the father of Sudarshan
Rai, went to hospital and found that the bullets hit 3-4 places on
the bodies of the deceased. They also came to know that at
Kamaluchak Gadhaiya Balu Ghat, the incident of firing took
place between the group of Satyendra Pandey, his son Niraj
Pandey and Guddu Rai and in the said incident, the informant’s
son Vikash Mahto and Sudarshan Rai died due to injuries of
bullet and one Purnmashi Ram, the villager of the informant
also sustained injuries of firearms in the said incident.
4. Learned counsel appearing for the petitioner
submits that petitioner is quite innocent and has committed no
offence. Petitioner is not named in the F.I.R.. Name of
petitioner transpired during investigation only on the basis of
confessional statement of co-accused Saroj Ray, who has
already been granted bail by a Co-ordinate Bench of this
Hon’ble Court vide order dated 03.07.2025 passed in Cr. Misc.
No. 72230 of 2024. Moreover, charge-sheet has already been
submitted and petitioner is in custody since 24.11.2025.
5. Learned A.P.P. for the State the prayer for bail to
the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, claim based on
Patna High Court CR. MISC. No.9471 of 2026(2) dt.18-02-2026
3/3
parity and period of custody, the prayer for grant of bail to the
petitioner is allowed.
7. Accordingly, let the petitioner, mentioned above, be
enlarged on bail on furnishing bail bond of Rs.10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned C.J.M., Bhojpur, Ara in connection with
Koilwar P.S. Case No. 210 of 2024.
(Prabhat Kumar Singh, J)
shashank/-
U T
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