Manoj Pasi @ Manoj Kumar, Pasi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5719 of 2025 Arising Out of PS. Case No.-270 Year-2024 Thana- CHENARI District- Rohtas ====================================================== 1.
Manoj Pasi @ Manoj Kumar, Pasi 2.
Dhananjay Pasi @ Dhananjay Kuamr Choudhary @ Dhananjay Kumar Pasi, Both sons of Anandi Pasi, Both Residents of village - Badalgarh, P.S- Chenari, District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Shreya, Advocate For the Opposite Party/s :
Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-02-2025 Heard Ms. Shreya, learned counsel for the petitioners as well as Ms. Sharda Kumari, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Chenari P.S. Case No.270 of 2024, F.I.R. dated 16.08.2024 registered for the offence punishable under Sections 126(2), 115(2), 74, 303(2), 352, 351(2), 3(5) of the BNSS 2023.
3. The prosecution case, in short, is that informant with the consent of her husband along with her brother was going to some household work, then her brothers-in-law (Devar) brutally attacked on her and her brother and husband with sticks, axes, fighters, etc. with the intention to kill. Informan's husband body has been thrashed and he is injured. All the
Patna High Court CR. MISC. No.5719 of 2025(2) dt.19-02-2025 2/3 accused persons caught hold of her hair and tried to outrage her modesty and snatched the earrings and 'Mangalsutra' from her neck. Accordingly, the FIR.
4. Learned counsel for the petitioners submit that petitioners are innocent and have falsely been implicated in the present case. Further submits that informant and petitioners are family members. He further submits that there is no accusation of any assault or overt act attributed against the petitioners.
5. Learned APP for the State, on the other hand vehemently opposed the prayer for anticipatory bail of the petitioners. Further submits that petitioner no.1 carries one criminal antecedent other than the present one and petitioner no.2 has clean antecedent.
6. Considering the aforesaid fact that there is no accusation of any assault or overt act attributed against the petitioner and petitioner no.2 has clean antecedent, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Rohtas at Sasaram in
Patna High Court CR. MISC. No.5719 of 2025(2) dt.19-02-2025 3/3 connection with Chenari P.S. Case No.270 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- (i) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below. (ii) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of their anticipatory bail.
(iii) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of anticipatory bail bond of the petitioners. However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Prakash Narayan U T