Manoj Rai @ Manoj Kumar vs The State Of Bihar on 6 May, 2025

Patna High Court – Orders

Manoj Rai @ Manoj Kumar vs The State Of Bihar on 6 May, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.5017 of 2023
                       Arising Out of PS. Case No.-749 Year-2022 Thana- GARKHA District- Saran
                 ======================================================
                 Manoj Rai @ Manoj Kumar S/o Vishwanath Rai Resident of Village-
                 Narayanpur Tola, P.S- Garkha, District- Saran At Chapra.

                                                                                  ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Krishna Manjhi S/o Late Ram Kumar Manjhi R/o Village- Rahampur, P.S-
                 Garkha, Distt.- Saran At Chapra.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Dewendra Narayan Singh, Advocate
                 For the Respondent/s   :        Mrs. Usha Kumari No. 1, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   06-05-2025

Heard Mr. Dewendra Narayan Singh, learned counsel

for the appellant as well as Mrs. Usha Kumari No. 1, learned

Spl.P.P. for the State.

2. Despite interappearance through the Vakalatnama,

no one appears on behalf of the Respondent No. 2.

3. This is an appeal under Sections 14(A)(2) against

refusal of the prayer for anticipatory bail by order dated

12.10.2023 passed by the learned Court of SC/ST Exclusive

Special Judge, Saran at Chapra in connection with Garkha P.S.

Case No. 749 of 2022, F.I.R. dated 27.11.2022 registered under

Sections 147, 148, 149, 323, 324, 307, 380, 448 and 506 of the

Indian Penal Code and Sections 3(i)(r)(s) and 2(va) of the
Patna High Court CR. APP (SJ) No.5017 of 2023(4) dt.06-05-2025
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Scheduled Castes and Scheduled Tribes (POA) Act.

4. According to the prosecution case, this appellant

along with all other accused persons over a petty dispute

assaulted the informant and took away jewellery and money

from his house and fled away.

5. Learned counsel for the appellant submits that

appellant is innocent and he has falsely been implicated in the

present case. He further submits that the present case is the

coutner blast of Garkha P.S. Case No. 748 of 2022 filed by the

appellant side against the informant and his family members. He

further submits that the appellant is named in the F.I.R and the

F.I.R is in two parts, according to first part there is general and

omnibus allegation against all the accused persons including the

appellant and according to second part there is specific

allegation against the appellant that he has assaulted to the

informant by means of farsa due to which he has received injury

but the injury report of the injured person suggest that the injury

is simple in nature. With respect to the allegation of abusing the

informant by his caste name, it appears that there is no specific

allegation against the appellant rather there is general and

omnibus allegation of abusing the informant against all the

accused persons including the appellant.

Patna High Court CR. APP (SJ) No.5017 of 2023(4) dt.06-05-2025
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6. Learned Special Public Prosecutor for the State has

vehemently opposed the prayer for bail of the appellant and

submits that the appellant is named in the F.I.R and the specific

allegation of assault is attributed against the appellant and apart

from that, the appellant carries one criminal antecedent other

than the present one but fairly submits on the basis of paragraph

no. 3 of the bail petition that he is on bail in the pending case.

7. After hearing the parties, in my view for the

purpose of this anticipatory bail, no offence under the provisions

of Scheduled Castes and Scheduled Tribes Act is made out.

8. Hence, let the appellant, above named, in the event

of his arrest to surrender before the Court below within a period

of thirty days from the date of receipt of the order, be released

on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten

thousand) with two surities of the like amount each to the

satisfaction of learned Court of SC/ST Exclusive Special Judge,

Saran at Chapra in connection with Garkha P.S. Case No. 749 of

2022, subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure / Section 482(2) of

the Bhartiya Nagarik Suraksha Sanhita, 2023 and with other

following conditions:-

i. Appellant shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court

and shall remain physically present as directed by the court and

on his absence on two consecutive dates without sufficient

reason, his bail bond shall be cancelled by the Court below.

ii. If the appellant tampers with the evidence or the

witnesses, in that case, the prosecution will be at liberty to

move for cancellation of bail.

iii. And further condition that the court below shall

verify the criminal antecedent of the appellant and in case at

any stage it is found that the appellant has concealed his

criminal antecedent, the court below shall take step for

cancellation of bail bond of the appellant. However, the

acceptance of bail bonds in terms of the above-mentioned order

shall not be delayed for purpose of or in the name of

verification.

9. Accordingly, the impugned order is set aside and

this appeal stands allowed.

(Rajesh Kumar Verma, J)
Vanisha/-

U      T