Manoj Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29535 of 2025 Arising Out of PS. Case No.-80 Year-2017 Thana- PANDARAK District- Patna ====================================================== Manoj Rai S/o Ramkaran Rai R/o Vill- Chamtha Gop Tola, P.S.- Bachhwara, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Pallavi, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-05-2025 Heard Ms. Kumari Pallavi, learned counsel for the petitioner and Mr. Bharat Bhushan, learned APP for the State.
2. The petitioner is in custody in connection with Pandarak P.S. Case No. 80 of 2017 for the offence punishable under Sections 147, 148, 353 and 307 of the Indian Penal Code lodged on 16.09.2017 by the informant, Ajeet Kumar Singh.
3. As per the prosecution story, the police upon information that the veteran criminal Ram Janam Yadav and his associates have assembled to commit serious crime, proceeded to Pandarak Diyara where exchange of fire took place between the police and the criminal and in the process, one constable was also injured. During the conversation between the accused, the name of the petitioner amongst other cropped up. Accordingly the FIR.
Patna High Court CR. MISC. No.29535 of 2025(2) dt.16-05-2025 2/3
4. Learned counsel for the petitioner submits that as he came into judicial custody belatedly and have criminal antecedents, the same was earlier rejected vide order dated 08.09.2023 in Cr. Misc No. 60402 of 2023, he has already suffered by being in custody for long and if granted bail shall be diligently appear in trial.
5. Learned APP opposes the prayer for bail submitting that he has eight criminal antecedents.
6. Taking into account the submission of the parties as also that he has remained in custody for two and a half years (since 20.12.2022) and an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned ADJ-IV, Barh, Patna in connection with Pandarak P.S. Case No. 80 of 2017 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.29535 of 2025(2) dt.16-05-2025 3/3 (ii) the petitioner 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 his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his attendance;
(iv) the petitioner 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 cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T