Manoj Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13646 of 2026 Arising Out of PS. Case No.-413 Year-2025 Thana- MADHAURAH District- Saran ====================================================== 1.
Manoj Ray S/O Late Sipahi Ray R/O Village- Bhaluhi, P.S- Marhaura, Distt.- Saran.
2.
Jay Kumar Ray @ Jay Ram Kumar S/O Late Sipahi Ray R/O VillageBhaluhi, P.S- Marhaura, Distt.- Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghwendra Pratap Singh, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-06-2026 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Marhaura P.S. Case No. 413 of 2025 for the offence under sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5) of the BNS lodged on 15.06.2025 by the informant, Suman Devi.
3. As per the prosecution story, the informant alleged that while she was laying on her bed, the accused persons armed variously came and after Sunaina Devi pulled her down to the ground, others resorted to assault. While Guddu Kumar gave blow on the head, Ranjeet Rai assaulted the family members. When Dharmendra Rai and Sonu Kumar also came to rescue,
2/4 Ranjeet Rai, Manoj Rai and Jay Kumar Ray gave lathi/sword blow causing injuries.
4. Further, Rohit Kumar and Sikandar Rai assaulted Sonu Kumar, and later, they took away some amount. They were shifted to Primary Health Center, Marhaura and then referred to Chapra and this followed the FIR.
5. Learned counsel for the petitioners submit that there is a case and counter-case, the case of the petitioners is being earlier to the present one, both sides have suffered injuries, the injury report of early part of the year 2025 states that opinion were reserved in some of the injuries but till date no further report is/are on record and the last submission is that the petitioners do not have any criminal antecedent.
6. Learned APP opposes the prayer submitting that allegation of assault is/are on both the petitioners.
7. Taking into account the submissions of the parties as also that there is a case and counter-case, the report though reserved earlier, no further injury report is/are on record and these petitioners do not have any criminal antecedent, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions.
8. Let the petitioners be released on bail in the event
3/4 of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran, Chapra in connection with Marhaura P.S. Case No. 413 of 2025 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every month for six months to mark their attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for
4/4 cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Adnan/- U T