Santosh Kumar Ray @ Santosh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47726 of 2026 Arising Out of PS. Case No.-359 Year-2017 Thana- SONEPUR District- Saran ====================================================== 1.
Santosh Kumar Ray @ Santosh Rai Son of Sujan Ray Resident of VillageSaidpur, Ward No. 09, Rahimpur, P.S.- Pahleja, District- Chapra at Saran (Bihar) 2.
Manoj Kumar Yadav Son of Nageshwar Prasad Yadav Resident of Kharika, Ward No. 03, P.S.- Pahleja, District- Chapra at Saran (Bihar) 3.
Sanoj Kumar Ray Son of Dindayal Ray Resident of Village- Saidpur, Ward No. 03, Rahimpur, P.S.- Sonepur, District- Chapra at Saran (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rahul Mandal, Adv.
For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-07-2026 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Sonpur P.S. Case No. 359 of 2017 for the offence under section 147, 148, 149, 427, 435, 307, 353, 379, 332, 333, 504 and 506 of the Indian Penal Code and Sections 145, 146, 147 and 174(A) of the Railways Act lodged on 05.09.2017 by the informant, Satish Kumar.
3. As per the prosecution story, the informant alleged that on the call given by an outfit, under Mangal Rai, National Highway was blocked and the allegation is that on the instigation of Mangal Rai, the crowd became violent and
2/4 resorted to throwing bricks, stones and damaged the State Bus. They also tried to burn the vehicle and with the help of intelligence inputs 33 persons have been named and this led to the FIR.
4. Learned counsel for the petitioners submit that though they were named, never came to know about it, they are poor people having no criminal antecedent and shall suffer a lot if taken into custody. They are ready to face the trial and shall be diligently appearing in it. Last submission is that without accepting the allegation and/or the outcome of the present petition, learned counsel for the petitioners submit that they intend to contribute Rs.3,000/- each (totaling Rs.9,000/-) to the Chief Minister's Relief Fund.
6. Learned APP opposes the prayer submitting that they have been named in the FIR.
7. Taking into account the submissions of the parties as also that omnibus allegation is there and an undertaking has been given that they shall be diligently appearing in trial, in that background, this Court is inclined subject to extend them the privilege of anticipatory bail with conditions subject to payment of Rs.3,000/- each (totaling Rs.9,000/-) to the Chief Minister's Relief Fund through Demand Draft issued by the local branch of
3/4 State Bank of India/any Nationalized Bank and the receipt be submitted to the learned Trial Court at the time of execution of bail bond.
8. Let the petitioners be released on bail in the event 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, Chapra at Saran in connection with Sonpur P.S. Case No. 359 of 2017 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 petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;
(iv) the petitioners shall appear before the concerned
4/4 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; (v) 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 cancellation of the bail bonds;
(vi) 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) munindra/- U T