Suresh Ray @ Ram Suresh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25831 of 2026 Arising Out of PS. Case No.-308 Year-2025 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Suresh Ray @ Ram Suresh Ray S/o Yadu Ray R/o Manoripur, P.S. - Kusheshwar Asthan, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar, Advocate For the State :
Mr. Prem Kumar Jha, APP For the Informant :
Mr. Shashank Chouhan, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 01-05-2026 Heard learned counsel for the petitioner as well as the informant and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Kusheshwar Asthan P.S. Case No. 308 of 2025 in a case registered for the offence punishable under Sections 126(2), 115(2), 308(4), 351(2), 3(5) of the BNS.
3. As per the prosecution case, the petitioner along with one co-accused Rakesh Yadav demanded extortion of Rs. 1,00,000/- from the informant under threat of death via phone calls and in person, eventually escalating to physical assault on the informant's father and brother.
4. Learned counsel for the petitioner submits that it would be evident from the first information report that the
Patna High Court CR. MISC. No.25831 of 2026(2) dt.01-05-2026 2/3 incident of demanding extortion had taken place on 14.07.2025 and the present case has been lodged after an inordinate delay of three months i.e. on 14.10.2025 for which no plausible explanation has been tendered. It is further submitted that the allegation of demand of extortion and even act of assault is upon one co-accused Rakesh Yadav and name of the petitioner has only been taken by said Rakesh Yadav about the money to be paid to the petitioner. The present case has been filed as a counter blast of an FIR filed by the petitioner against the informant with regard to demolition of boundary wall, being Kusheshwar Asthan P.S. Case No. 205 of 2025 dated 17.07.2025 (Annexure- 2). Further the petitioner is the head-master of a school having no criminal antecedent.
5. Learned APP for the State as well as learned counsel for the informant have opposed the application for anticipatory bail on the ground that there are serious allegations against the petitioner.
6. Taking into consideration the facts and circumstances and also considering the fact that there is no direct allegation against the petitioner of demanding extortion coupled with the delay in the FIR, let the above named petitioner who has no criminal antecedent, in the event of his
Patna High Court CR. MISC. No.25831 of 2026(2) dt.01-05-2026 3/3 arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kusheshwar Asthan P.S. Case No. 308 of 2025, subject to the condition as laid down under Section 438
(2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J) priyanka/- U T