Manoj Kumar @ Manoj Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26468 of 2025 Arising Out of PS. Case No.-158 Year-2013 Thana- MADHUBAN District- East Champaran ====================================================== Manoj Kumar @ Manoj Rai S/o Dahaur Rai R/o Anjanakot Fulwaar, P.S.- Motipur, Madhopur, Muzzaffarpur, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Shreya, Advocate :
Mr. Vishal Prasad, Advocate For the State :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-09-2025 Heard Ms. Shreya, learned counsel for the petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in connection with Madhuban P.S. Case No. 158 of 2013 registered for the offence punishable under Sections 392 of the Indian Penal Code, lodged on 10.09.2013 by the informant Ramvilash Sah.
3. As per the prosecution story, the informant alleged that he purchased Swaraj Tractor. As it was being driven home, accused persons intercepted and after blinding the Driver looted the Tractor. Thereafter the driver ran to the Pipra Police Station but the Station Head Officer delayed in taking immediate steps and as such, crucial time was lost. Ultimately, the F.I.R. was
Patna High Court CR. MISC. No.26468 of 2025(4) dt.03-09-2025 2/3 registered.
4. Learned counsel for the petitioner submits that only because of criminal antecedent, he has been implicated, the name has come in the confessional statement of the co-accused persons and he had no knowledge till the warrant was issued.
5. Learned APP on the other hand opposes the prayer for bail submits that the matter is of the year 2013, twelve years later, the petitioner has moved before this Court for grant of anticipatory bail, he is an accused for the same nature in Pakridayal P.S. Case No. 126 of 2013.
6. Considering the submissions of the parties as also the materials that has come on record, including the fact that the F.I.R. is of the year 2013, this Court is not inclined to extend him privilege of anticipatory bail.
7. Accordingly, the anticipatory bail application stands rejected.
8. Having passed the order, this Court has taken note of the fact that when the driver ran towards the Pipra Police Station, the then Station Head Officer deliberately delayed lodging of the F.I.R. and crucial time was lost. In that background, the Senior Superintendent of Police, Muzaffarpur should look into the matter and get an enquiry conducted
Patna High Court CR. MISC. No.26468 of 2025(4) dt.03-09-2025 3/3 through the Sub-Divisional Police Officer on the role of the then Station Head Officer who was posted at Madhuban Police Station when the Madhuban P.S. Case No. 158 of 2013 was lodged.
9. Let a copy of the order be sent to the Senior Superintendent of Police, Muzaffarpur for perusal and needful. (Rajiv Roy, J) vinayak/- U T