Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50883 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- GOGRI District- Khagaria ====================================================== 1.
Manoj Kumar S/O Maheshwar Mandal R/O vill.- Dukha Tola, P.S.- Gogari, District- Khagaria, 2.
Ram Kishore @ Giltan Chaurasia @ Gulten S/O Maheshwar Mandal R/O Vill.- Dukha Tola, P.S.- Gogri, Dist.- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saurabh Kumar, Adv.
For the Opposite Party/s :
Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Heard learned Counsel for the petitioners, learned APP for the State and learned counsel for the informant.
2. The petitioners are apprehending arrest in a case registered for the offences punishable in connection with Gogri P.S. Case No.09 of 2025 under Sections 126(2), 109, 351(2), 352 and 3(5) read with Section 27 of the Arms Act.
3. As per the prosecution, the FIR has been lodged against the petitioners with allegation that they have started firing by desi pistol upon the informant. The cause of dispute is that the informant has asked them not to sale illegal wine in front of his house.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.50883 of 2025(2) dt.11-08-2025 2/3 petitioners are innocent and have committed no offence. He submits that the petitioners have been falsely implicated in this case. He further submits that the case has been filed on 15.01.2025 whereas alleged occurrence took place on 09.01.2025. He further submits that petitioners have filed case i.e., Gogri P.S. Case No.08 of 2025 earlier than the case filed by the informant i.e., Gogri P.S. case No.09 of 2025.
5. Counsel also submits that antecedent of the petitioners is not clean. There is one criminal case pending against them in which they are on bail. He further submits that petitioners are ready to fulfill all the conditions whatsoever shall be imposed upon them.
6. Learned counsel for the informant vehemently opposes the prayer for bail and submits that petitioners have filed one criminal case only and so far as defence (annexure-2) is concerned, this case has nothing to do with the informant. The cause of dispute has already been shown and the Superintendent of Police has already published and indicated that the petitioners are basically involved in selling ganja and desi wine which is part of FIR.
7. Learned APP for the State opposes the prayer for bail and the petitioners' antecedent are not clean and due to fear,
Patna High Court CR. MISC. No.50883 of 2025(2) dt.11-08-2025 3/3 case has been filed with delay.
8. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioners, therefore the bail application of the petitioners is hereby rejected.
(Dr. Anshuman, J.) Prakashmani/- U T