Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36543 of 2025 Arising Out of PS. Case No.-420 Year-2005 Thana- COMPLAINT CASE - HILSA DistrictNalanda ====================================================== Manoj Kumar S/O Hira Prasad R/O Vill.- Lodipur, P.s.- Telhara, Dist.- Nalanda.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Shyamdev Prasad S/O Lallu Gope R/O Vill.- Lodipur, P.s.- Telhara, Dist.- Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Complaint Case No. 420C of 2005, dated 15.07.2005, lodged under Sections 323, 392 and 504 of the Indian Penal Code.

3. As per the prosecution, when the complainant was going to school to teach, the petitioner and other accused persons surrounded and assaulted him. It is further alleged that during the incident, one of the accused persons snatched his wristwatch worth Rs. 500/-, another accused person snatched a gold ring worth Rs. 3000/-, and the petitioner snatched a silver

Patna High Court CR. MISC. No.36543 of 2025(2) dt.18-06-2025 2/3 chain worth Rs. 1000/-.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that there is a long-standing property dispute between the complainant and a family member of the petitioner, and due to this reason, the petitioner has been falsely implicated in the present case. Counsel also submits that the petitioner has a clean criminal antecedent and is ready to comply with all the conditions that may be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner is a named accused in the present case and there is a direct allegation against him. It has been acknowledged in the rejection order dated 11.04.2014 of the Sessions Judge, Nalanda, that the case is quite old (of the year 2005), and the anticipatory bail petition No. 204 of 2014 was rejected by the Sessions Judge, Nalanda. It has further been acknowledged that, despite having full knowledge of the case, the petitioner has deliberately not appeared, which has resulted in unnecessary delay in the trial of the case.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the

Patna High Court CR. MISC. No.36543 of 2025(2) dt.18-06-2025 3/3 prayer for anticipatory bail of the petitioner is hereby rejected.

7. It is directed to the petitioner to surrender before the Trial Court within a period of 6 weeks from today. In case, the petitioner surrenders within six weeks, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case. (Dr. Anshuman, J.) Aman Kumar/- U T