Manoj Kumar @ Manoj Kumar SrivastavaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13659 of 2026
                   Arising Out of PS. Case No.-665 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
                 ======================================================
           1.     Manoj Kumar @ Manoj Kumar Srivastava S/o- Mahendra Lal R/v-
                  Gaushala Pakadi More Ps- Mahadeva Dist- Siwan
           2.    Rohit Shrivastava @ Rohit Kumar S/o- Manoj Kumar @ Manoj Kumar
                 Srivastava R/v- Gaushala Pakadi More Ps- Mahadeva Dist- Siwan
           3.    Manisha Shrivastava W/o- Late Karn Kumar Shrivastava @ Late Karan
                 Srivastava, D/o- Manoj Kumar @ Manoj Kumar Srivastava R/v- Gaushala
                 Pakadi More Ps- Mahadeva Dist- Siwan

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Aakash Choudhary
                 For the Opposite Party/s :      Mr. Jai Narain Thakur
                                                 Mr. Birottam Narayan Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

4   18-05-2026                        Heard learned counsel for the petitioners, learned

                   counsel for the informant and learned APP for the State.

                                   2. After some arguments, learned counsel for the

                   petitioners seek permission to withdraw this application as

                   against the petitioner nos.2 and 3.

                                   3. Permission is granted.

                                   4. Accordingly, the instant application as against

                   the petitioner nos.2 and 3 is dismissed as withdrawn.

                                   5. Now, the anticipatory bail application is being

                   heard only with respect to the petitioner no.1.

                                   6. The petitioner apprehends his arrest in
Patna High Court CR. MISC. No.13659 of 2026(4) dt.18-05-2026
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          connection with Mufassil (Mahadeva O.P.) P.S. Case No.665 of

          2025, dated 13.09.2025, registered for the offence punishable

          under Sections 126(2), 115(2), 103, 61(2), 3(5) of the Bharatiya

          Nyaya Sanhita, 2023.

                          7. As per the FIR, the petitioner, in connivance with

          other accused persons, is said to have murdered the brother of

          the informant.

                          8. Learned counsel for the petitioner submits that

          the petitioner is innocent and has been falsely implicated in this

          case. The petitioner has been made an accused in the instant

          case merely on the basis of suspicion. It is further submitted that

          the deceased was taken to hospital for treatment and there is

          neither any allegation in the FIR nor any material on record to

          show that the death has been declared homicidal so as to support

          the prosecution story. The petitioner, namely, Manoj Kumar is

          the father of the petitioner nos.2 and 3, against whom there is

          allegation of administering poison to the deceased and

          restraining the informant from seeing his brother’s dead body;

          however, their bail application has already been withdrawn.

          There is no specific overt act attributed against the petitioner.

          Lastly, it is submitted that the petitioner has no criminal

          antecedents.
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                          9. On the other hand, the learned APP for the State

          as well as the learned counsel for the informant has opposed the

          prayer for bail of the petitioner.

                          10. Taking into account that the bail application as

          against the petitioner nos.2 and 3 has already been withdrawn

          and that there is nothing specific against the petitioner no.1, let

          the above named petitioner no.1, be released on bail, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks from today, on furnishing bail bond

          of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned C.J.M.

          Siwan/Successor Court in connection with Mufassil (Mahadeva

          O.P.) P.S. Case No.665 of 2025, subject to the conditions as laid

          down under Section 482(2) of the BNSS as well as the

          following conditions:

                          (i) One of the bailors should be the family

          member/relative/known of the petitioner(s) who shall provide

          official document/ personal affidavit to show his/her bona fide;

                          (ii) the petitioner(s) 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/her/their bail bond by the Trial Court itself;
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                                      (iii) the petitioner(s) 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

                      cancellation of the bail bonds;

                                      (iv) the petitioner(s) shall desist from committing

                      any criminal offence again, failing which the State shall be at

                      liberty to take steps for cancellation of their bail bonds.



                                                                           (Ajit Kumar, J)

shikha/- Rajan/-

U       T