Mohan Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6459 of 2025 Arising Out of PS. Case No.-213 Year-2009 Thana- DUMRA District- Sitamarhi ====================================================== Mohan Manjhi S/O Devlal Manjhi Resident of Village- Residpur @ Raseedpur, PS- Sheohar, District- Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shankar Kumar, Advocate For the Opposite Party/s :
Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-05-2025 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Dumra P.S. Case No. 213 of 2009 registered on 25.06.2009 for the offenses punishable under Sections 302, 201/34 of the Indian Penal Code.
3. As per the prosecution, the F.I.R. was lodged against two named accused persons other than the petitioner. It is alleged that the accused took away the informant's husband and thereafter, he was not returned. Consequently, a criminal case was instituted in the year 2009.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further
Patna High Court CR. MISC. No.6459 of 2025(3) dt.09-05-2025 2/3 submitted that the petitioner has a clean antecedent and is not named in the F.I.R. However, his name was subsequently inserted at the instance of the police solely because he is the brother-in-law of one of the named accused persons. It is also stated that the said brother-in-law is no more and has himself become a victim in this case. Learned counsel further submits that the petitioner is entitled to bail as only a warrant of arrest has been issued against him. The petitioner is willing to abide by any condition that may be imposed by this Hon'ble Court.
5. Learned APP for the State vehemently opposes the prayer for anticipatory bail and submits that it is a case of the year 2009, whereas the present petition has been filed in 2025. He further submits that a co-ordinate Bench of this Court had called for the case diary, and upon its perusal, it appears that processes under Sections 82 and 83 Cr.P.C. have been initiated against the petitioner.
6. In this background, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with Dumra P.S. Case No. 213 of 2009, pending before the learned CJM, Sitamarhi is hereby rejected.
7. However, it is directed that the petitioner shall
Patna High Court CR. MISC. No.6459 of 2025(3) dt.09-05-2025 3/3 surrender before the Trial Court within a period of six weeks from today. In case the petitioner surrenders within this period, the Trial Court is directed to pass an order on his surrender-cumbail application on the same day, without being prejudiced by the fact that the petitioner's anticipatory bail has been rejected by this Court.
(Dr. Anshuman, J) Ashwini/- U T