Manoj Saw @ Shailendra Kumar ManojversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37419 of 2026
                   Arising Out of PS. Case No.-491 Year-2020 Thana- LAKHISARAI District- Lakhisarai
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                 Manoj Saw @ Shailendra Kumar Manoj Son of Late Makeshwar Saw
                 Resident of Village - Bazar Samiti, Naya Bazar, Ward No. 28, P.S.- Kabaiya,
                 District - Lakhisarai
                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mayank Bilochan, Advocate
                 For the Opposite Party/s :       Mr. Harendra Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-06-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel appearing on behalf of

                   the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 302 and 34

                   of the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that on 25.09.2020, Dharmendra and petitioner along

                   with two unknown accused came at 10:00 p.m. and asked his

                   brother to accompany them for doing settlement of accounts,

                   accordingly, his brother accompanied them and did not return in

                   the night and next day the informant came to know that a dead

                   body is hanging from a tree near a bridge, hence, he reached the
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          place of occurrence and saw the dead body of his brother, thus,

          alleges based on suspicion that accused persons including the

          petitioner might have killed his brother.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that

          informant is not an eyewitness to the occurrence and the entire

          allegation hinges around suspicion based on the theory of last

          seen. It is next submitted that if the brother of the informant did

          not return home in the night then why the informant or his

          family members did not try searching him. It is also submitted

          that the police, after threadbare investigation, came to a

          considered conclusion that petitioner is innocent and, thus,

          submitted Final Form No. 457 of 2021 exonerating the

          petitioner of the allegation as alleged in the FIR based on the

          material which transpired during the course of investigation but

          then the learned Trial Court differing with the police report took

          cognizance by an order dated 29.01.2025. It is, thus, submitted

          that    when      one     investigating       agency,   after   threadbare

          investigation, came to a considered conclusion that petitioner is

          innocent, whether it would be prudent for the Court to send the
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          petitioner to jail based on an order of cognizance which came to

          be taken based on the same police report which had exonerated

          the petitioner of the allegation. It is submitted that if the

          privilege of anticipatory bail is granted to the petitioner, the

          petitioner will not abscond rather will cooperate in the trial to

          prove his innocence.

                       5. Learned Additional Public Prosecutor for the State

          and learned counsel appearing on behalf of the informant

          opposed the prayer for anticipatory bail of the petitioner but

          then are not in a position to rebut the submissions of the learned

          counsel appearing on behalf of the petitioner that the police,

          after investigation submitted final form exonerating the

          petitioner of the allegation.

                       6. After hearing the learned counsel for the parties

          and taking into consideration the submissions made by the

          learned counsel appearing on behalf of the petitioner, let the

          petitioner, above-named, in the event of his arrest or surrender

          within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bonds of Rs.10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Trial Court where the case

          is pending/Successor Court in connection with Lakhisarai
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                     (Ramgarh Chowk) P.S. Case No. 491 of 2020, subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C./482(2) of the B.N.S.S.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T