Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26956 of 2025 Arising Out of PS. Case No.-354 Year-2024 Thana- MOTIPUR District- Muzaffarpur ====================================================== Manoj Kumar S/O Hari Rai R/O Vill.- Morsandi, P.S.- Motipur, Dist.- Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nachiketa Jha, Advocate For the Opposite Party/s :
Mrs.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2025 Heard the parties.
2. The petitioner is apprehending arrest in connection with Motipur P.S. Case No. 354 of 2024 instituted under Sections 192(2), 191(3), 190, 127(2), 115(2), 132, 109, 61(2) of B.N.S. lodged on 01.10.2024 by the informant, Jai Prakash Gupta.
3. As per the prosecution story, the informant alleged that in course of investigation of Motipur P.S. Case No. 351 of 2023 when the police reached the house of Ashok Rai, several persons armed variously assaulted him. The specific allegation of assault on head is on Ashok Rai and others. This led to the FIR.
4. Learned counsel for the petitioner submits that omnibus allegation is against the petitioner, specific
2/4 allegation is against Ashok Rai, only because he is accused in the Motipur P.S. Case No. 351 of 2024, got implicated. He is ready to abide by the terms and conditions. Learned Counsel submits that he shall be visiting the Motipur Police Station every day for two hours for a week to clean the campus and at the end of work shall be planting samplings if granted relief. The last submission is that others have been extended relief by coordinate bench in Cr. Misc. No.17702 of 2025 (Chunchun Rai and others vs. the State).
5. Considering the submissions of the parties as also the fact that the allegation mainly is against Ashok Rai, omnibus allegation is against him, this Court is inclined to extend him the privilege of anticipatory bail subject to the fact he shall be visiting the Motipur Police Station every day for two hours for a week for cleaning the Police Station Campus and planting samplings and the report shall be submitted before the learned Trial Court. Failure to do so, appropriate steps shall be taken against him for cancellation of bail bond.
6. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on
3/4 furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Motipur P.S. Case No. 354 of 2024 to the satisfaction of learned A.C.J.M.-1st Class, (West), Muzaffarpur subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for
4/4 cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T