Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70298 of 2025 Arising Out of PS. Case No.-377 Year-2025 Thana- MANER District- Patna ====================================================== 1.

Manoj Kumar S/o- Ram Ayodhya Rai Resident of Village- Khaspur PSManer District- Patna 2.

Niranjan Kumar S/o- Raj Kumar Rai Resident of Village- Khaspur PSManer District- Patna 3.

Kaushal Kumar S/o- Raj Kumar Rai Resident of Village- Khaspur PSManer District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Upendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-10-2025 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners are apprehending arrest in connection with Maner P.S. Case No. 377 of 2025 lodged on 28.05.2025, for the offence punishable under Sections 115(2), 126(2), 109, 74, 76, 117(2), 303(2), 352, 351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending in the Court of Judicial Magistrate 1st Class, Danapur.

3. As per the prosecution, FIR has been lodged against seven named accused persons including the present petitioners.

Patna High Court CR. MISC. No.70298 of 2025(2) dt.14-10-2025 2/3 It has been alleged in the FIR that all the accused persons reached at the house of informant and tried to outrage the modesty of the informant. Thereafter, all the accused persons also assaulted the informant due to which injury has been caused.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that the present petitioners have been falsely implicated in this case and the accused persons and the informant belongs to the same ancestors. Counsel further submits that the petitioners have no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioners.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioners. Accordingly, the prayer for anticipatory bail of the petitioners are hereby rejected.

7. However, if petitioners surrender before the concerned Trial Court within a period of 4 weeks from today then in that case, the Trial Court is directed to pass order on their surrender-cum-bail application on the same day considering two points, firstly that ancestors of both parties are same and secondly, if petitioners show that there is a land

Patna High Court CR. MISC. No.70298 of 2025(2) dt.14-10-2025 3/3 dispute, without being prejudice that the anticipatory bail of the petitioners have been rejected by this Court. And the Trial Court shall pass order on the merit of this case.

(Dr. Anshuman, J) Divyansh/- U T