Patna High Court – Orders
Manoj Rai @ Manoj Kumar vs The State Of Bihar on 1 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72269 of 2024
Arising Out of PS. Case No.-330 Year-2024 Thana- DIGHA District- Patna
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1. Vishal Kumar S/o Sri Rakesh Rai R/o Village- Nakta-Diara, P.S.- Digha,
Distt.- Patna at present R/v.- Digha Hatt, Mica Colony, P.S.- Digha, Distt.-
Patna
2. Pravin Kumar S/o Sri Rakesh Rai R/o Village- Nakta-Diara, P.S.- Digha,
Distt.- Patna at present R/v.- Digha Hatt, Mica Colony, P.S.- Digha, Distt.-
Patna
3. Abhishek Kumar@Abhishek S/o Sri Manoj Kumar R/o Village- Nakta-
Diara, P.S.- Digha, Distt.- Patna at present R/v.- Digha Hatt, Mica Colony,
P.S.- Digha, Distt.- Patna
4. Manish Kumar S/o Sri Bhagirath Rai R/o Village- Nakta-Diara, P.S.- Digha,
Distt.- Patna at present R/v.- Digha Hatt, Mica Colony, P.S.- Digha, Distt.-
Patna
5. Manjesh Rai@Manjesh Kumar S/o Sri Ramyad Rai R/o Village- Nakta-
Diara, P.S.- Digha, Distt.- Patna at present R/v.- Digha Hatt, Mica Colony,
P.S.- Digha, Distt.- Patna
6. Nitish Kumar S/o Sri Ramyad Rai R/o Village- Nakta-Diara, P.S.- Digha,
Distt.- Patna at present R/v.- Digha Hatt, Mica Colony, P.S.- Digha, Distt.-
Patna
... ... Petitioners.
Versus
The State of Bihar . ... ... Opposite Party/s
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with
CRIMINAL MISCELLANEOUS No. 72806 of 2024
Arising Out of PS. Case No.-330 Year-2024 Thana- DIGHA District- Patna
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Bhagirath Rai @ Bhagirath Prasad Yadav @ Bhagirath Prasad S/o Late
Rajendra Rai Ex-Mukhiya of Gram Panchayat Nakta-Diara, R/o Village-
Nakta-Diara, R/v- Nakta-Diara, P.S.- Digha, Distt.- Patna at present R/v-
Digha Hatt, Mica Colony, P.S.- Digha, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 76300 of 2024
Arising Out of PS. Case No.-330 Year-2024 Thana- DIGHA District- Patna
======================================================
Manoj Rai @ Manoj Kumar S/o Late Rajendra Rai R/o Village- Nakta-Diara,
P.S.- Digha, Distt.- Patna at present R/v- Digha Hatt, Mica Colony, P.S.-
Digha, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 72269 of 2024)
For the Petitioner/s : Mr.Vijay Kumar Sinha, Adv
For the Opposite Party/s : Mr.Md. Ataur Rahman, APP
Patna High Court CR. MISC. No.72269 of 2024(5) dt.01-07-2025
2/4
(In CRIMINAL MISCELLANEOUS No. 72806 of 2024)
For the Petitioner/s : Mr.Vijay Kumar Sinha
For the Opposite Party/s : Mr.Sanjay Kumar Singh
(In CRIMINAL MISCELLANEOUS No. 76300 of 2024)
For the Petitioner/s : Mr.Vijay Kumar Sinha
For the Opposite Party/s : Mr.Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 01-07-2025
All the above mentioned applications are being taken
up together as they arise out of the Digha P.S.Case No.330 of
2024.
Heard learned counsel for the petitioners, learned
counsel for the Informant and learned APP for the State.
2. Petitioners apprehend their arrest in a case registered
for the offences punishable under Sections 447, 341, 324, 323,
307, 379/34 of the Indian Penal Code.
3. The allegation in the FIR is that all the accused
persons had intercepted the informant and while one Manoj Rai
and Rakesh Rai caught hold of the informant and one Bhagirath
Rai had ordered to kill and thereafter, assaulted him on the
head by means of butt of pistol. It is further alleged that the
other accused persons also assaulted the informant by means of
iron rod and bamboo sticks due to which he sustained serious
injury in his hand.
4. Learned counsel for the petitioner submits that both
the parties are Gotiyas and there is case and counter case
Patna High Court CR. MISC. No.72269 of 2024(5) dt.01-07-2025
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between the parties which is annexed as Annexure-2 and 3 to
the petition. Further there is general and omnibus allegation
against all the petitioners and with regard to petitioner Bhagirath
Rai in Cr. Misc . No. 72806 of 2024, the allegation is that he had
assaulted by means butt of the pistol on the head of the
informant. The injury report of the informant enclosed as
Annexure-6 to the present petition however, discloses that the
informant has sustained injury which is simple in nature caused
by hard and blunt substance. There is only pain injury on the
forearm of the informant as against the allegation made upon the
other petitioners of Cr. Misc. No. 72269 of 2024 and thus this
shows the falsity of the allegation. It has further been submitted
that no case under section 307 would be made out in the facts
and circumstances as according to their own allegation, that one
of the petitioner was armed with pistol and the same was not
used to cause any firearm injury. It has also been submitted
that earlier a criminal case has been filed by the mother of the
petitioner with regard to the present occurrence and the
informant side has already been granted anticipatory bail by
the learned court below.
5. Learned counsel for the informant however
vehemently opposes the grant of anticipatory bail on the ground
Patna High Court CR. MISC. No.72269 of 2024(5) dt.01-07-2025
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that the accused persons have assaulted the informant causing
injury to him which is on vital part of the body.
6. Taking into consideration the rival contentions of the
parties and also considering that one of the co-accused person
being Ramyad Rai has already been granted the privilege of
anticipatory bail vide order dated 12.05.2025 passed in Cr.
Misc. No. 72148 of 2024, accordingly let the petitioners, in
the event of their arrest/ surrender within a period of four weeks
from today, be released on bail on furnishing bail bonds of Rs
10,000/- (ten thousand)with two sureties of the like amount each
to the satisfaction of the learned court below where the case is
pending/ successor court in Digha P.S.Case No. 330 of 2024,
subject to condition as laid down under Section 438(2) of the
Cr.P.C and subject to the further condition that the petitioners
shall co-operate in investigation/ trial.
7. Accordingly, the application stands disposed of.
(Soni Shrivastava, J)
N.K/-
U T