Chhota Manohar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28848 of 2025 Arising Out of PS. Case No.-665 Year-2023 Thana- SAHPUR District- Patna ====================================================== Chhota Manohar Rai S/O Sri Laldev Ray @ Laldev Rai Village- Shankarpur, P.S- Shahpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akhauri Kamal Kishore Sahay, Adv.
For the Opposite Party/s :
Mr.Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Shahpur P.S. Case No. 665/2023 dated 14.10.2023 registered for the offences punishable u/ss 148,, 326, 302, 342 and 120B of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the informant's elder brother Lal Babu Rai went to the matrimonial house of his daughter at Shankarpur who had good relation with the petitioner and other co-accused persons. It is further alleged that the accused persons earlier had threatened his brother that he would be killed. On 14.10.2023, the informant received an
Patna High Court CR. MISC. No.28848 of 2025(2) dt.10-07-2025 2/3 information that his brother has been killed and accordingly he reached the place of occurrence and saw the dead body of his brother and thus, based on suspicion alleges that the petitioner who are involved in seeking extortion from dealer of sand, killed his brother along with the other co-accused persons.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has surfaced in this case merely on suspicion. There is no direct and specific allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has four criminal antecedents in which he is on bail in all cases as stated in para 3 of the bail petition. The petitioner is in custody since 05.02.2024. The co-accused person has already been granted regular bail by this court vide order dated 25.03.2025 passed in Cr. Misc. No. 6199 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond
Patna High Court CR. MISC. No.28848 of 2025(2) dt.10-07-2025 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Danapur, Patna in connection with Shahpur P.S. Case No. 665 of 2023 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T