Allowed

Manoj Rai @ Manoj Kumar Rai v. The State of Bihar

Patna HC19 Apr 2025CR. MISC./3803/2025

Case brief

AI extract

What is this about?

Regular bail sought in a case of armed assault on two persons catching fish in a river, involving IPC charges including Section 307. The court considered custody since September 2024 and submission of charge-sheet and granted bail with conditions.

What did the court decide?

Petitioner directed to be released on bail on bail bonds of Rs.10,000 with two sureties, subject to conditions.

Manoj Rai @ Manoj Kumar Rai Vs The State of Bihar — Bail and Remand | Patna HC (2025)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3803 of 2025

¶2

Arising Out of PS. Case No.-411 Year-2021 Thana- SHAHPUR PATORI District- Samastipur

¶3

======================================================

¶4

Manoj Rai @ Manoj Kumar Rai S/O Rajniti Rai Resident of Village- Uttari Dhamoun, P.S.- Patori, District - Samastipur.

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Navnit Kumar, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ======================================================

¶8

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

¶9

5 19-04-2025

¶10

Heard learned counsel for the petitioner and learned

¶11

APP for the State.

¶12

In this present case, the petitioner seeks bail in connection with Patori P.S. Case No. 411 of 2021 registered for the offences under Sections 147, 148, 149, 341, 323, 325, 307, 427, 504 and 506 of the Indian Penal Code.

¶13

As per prosecution case, while the informant and his brother-in-law were catching fish in Baya River, the petitioner along with other named co-accused persons and 15-20 unknown persons came there and they were armed with sickles, axes, sticks and spears and started hurling abuses and demanded to know how that particular type of net was being used by the informant and started cutting the same. When the informant and his brother-in-law objected, all of them attacked the

¶14

Patna High Court CR. MISC. No.3803 of 2025(5) dt.19-04-2025 2/3

¶15

informant and his brother-in-law with deadly weapons. The informant and his brother-in-law received injuries. The assailants also tried to strangulate the informant by putting a rope around his neck.

¶16

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is no specific allegation against the petitioner and allegations are mostly general and omnibus. Petitioner has no concern with other co-accused persons. From the facts, it is clear that no offence under Section 307 of the IPC is made out against the petitioner. Petitioner is having antecedent of two cases and he is on bail in one such case and in another case he has been acquitted. Petitioner is in custody since 19.09.2024 and charge-sheet has been submitted.

¶17

Learned A.P.P. opposes the submission made on behalf of the petitioner.

¶18

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned

¶19

Patna High Court CR. MISC. No.3803 of 2025(5) dt.19-04-2025 3/3

¶20

Judicial Magistrate-1st Class, Samastipur/concerned court in connection with Patori P.S. Case No. 411 of 2021, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

¶21

(i) One of the bailors will be a close relative of the petitioner.

¶22

(ii) The petitioner will remain present on each and every date fixed by the court below.

¶23

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

¶24

(Arun Kumar Jha, J)

¶25

balmukund/-

¶26

U T

Manoj Rai @ Manoj Kumar Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Manoj Rai @ Manoj Kumar Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Prabhavti Kumari @ Prabhavti Singh Vs Navneet Kumar Singh @ Dinesh Kumar Singh

Ramsakhi Devi Vs Shri Krishna Yadav

Sunita Devi Vs The State of Bihar

Lalbabu Ram Vs The State of Bihar

Sarfraj @ Nuzaffar Ahmad @ Muzaffar Ahmad Wani Vs The State of Bihar

Amit Kumar Yadav @ Amit Kumar Vs The State of Bihar