Naresh Kumar @ Naresh Bhuiyan @ Naresh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13259 of 2023 Arising Out of PS. Case No.-27 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== 1.

NARESH KUMAR @ NARESH BHUIYAN @ NARESH MANJHI S/O BAIJU MANJHI R/v- Bohwa Lodhbe, P.S.- Fatehpur, district- Gaya 2.

SITA RAM MANJHI S/O RAMESHWAR MANJHI R/v- Bohwa Lodhbe, P.S.- Fatehpur, district- Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Kumar For the Opposite Party/s :

Mr. Arbind Kumar Pandey, App, 84 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-05-2023 Heard the parties.

The petitioners apprehend their arrest in connection with Fatehpur P.S. Case No.27 of 2022, registered for the offence punishable under Sections 363, 365, 34 of the Indian Penal Code.

The allegation against the petitioners is that the petitioners and other co-accused persons kidnapped the father of the informant and killed him.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.13259 of 2023(2) dt.12-05-2023 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that the petitioners are involved in the present case.

Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. However, if the petitioners surrender before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.

(Anjani Kumar Sharan, J) shikha/- U T