Munindra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55650 of 2025 Arising Out of PS. Case No.-890 Year-2024 Thana- MANER District- Patna ====================================================== Munindra Rai S/O Late Shivjee Rai Resident of Village- Brahmachari, P.SManer, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoranjan Kumar, Adv.
For the Opposite Party/s :
Mr.Abhay Kumar, APP For the Informant :
Mr. Aman Kumar, Adv.
Mr. Surya Prakash, Adv.
Mr. Kamlesh Prasad Yadav, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the Informant.
2. The petitioner seeks bail in connection with Maner P.S. Case No. 890 of 2024 registered for the offence punishable under Sections 191(2), 190, 109, 115 (2), 117(2), 76, 303(2), 324(4), 329(3), 352 and 351 (2) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the first information report has been registered against 22 accused persons including the female family members of the family. The allegation is that all the accused persons came variously armed and barged into the house of the informant and destroyed the house hold articles
Patna High Court CR. MISC. No.55650 of 2025(2) dt.27-08-2025 2/3 of the informant. It is further alleged that on the instructions of Munindra Rai (the petitioner), Krishna Rai, Devendra Rai and Ram Kumar Rai assaulted on the head of the informant indiscriminately with the butt of the pistol due to which he sustained head injury. It is further alleged that when the informant's father tried to intervene in the matter and to save him, he was also assaulted by other co-accused persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Both the parties are neighbours and co-villager. The petitioner is the order giver. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. There is a land dispute between the parties regarding drainage. There is a case and counter case between the parties. The petitioner Munindar Rai has also filed Maner P.S. Case No. 876 of 2024 against the informant and others in which the petitioner was brutally assaulted by the prosecution party. In the alleged occurrence, both the parties have sustained injuries. The petitioner has been languishing in custody since 21.01.2025 and bears no criminal antecedent. Learned counsel for the petitioner further submits that the co-accused Ramkumar Ray
Patna High Court CR. MISC. No.55650 of 2025(2) dt.27-08-2025 3/3 has already been granted bail by a Co-ordinate Bench of this Court vide order dated 27.05.2025 passed in Cr. Misc. No. 33781 of 2025.
5. Learned APP for the State and the Informant have vehemently opposed the bail petition.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maner P.S. Case No.890 of 2024. (Rudra Prakash Mishra, J) rishi/- U T