Patna High CourtCR. MISC./5364/2024bail granted

Mantu Yadav @ Bipin Yadav v. The State Of Bihar

2024-03-21Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5364 of 2024 Arising Out of PS. Case No.-289 Year-2021 Thana- LAXMIPUR District- Jamui ====================================================== Mantu Yadav @ Bipin Yadav, Male, aged about 30 years, Son of Sukhdeo Yadav, Resident of Village-Jorwaha Dharmpur P.S.-Khaira, District-Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Narsingh Tanti, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Laxmipur (Gidhaur) P.S. Case No. 289 of 2021 instituted for the offences punishable under Sections 147, 148, 149, 121(A), 121, 120(B) and 307 of the Indian Penal Code and Section 4/5 of the Explosive Substances Act and Sections 16, 17, 18, 20, 21 and 22 of the U.P.A. Act.

3. As per the prosecution case, one mobile, one detonator attached with power gel explosive with wire and two power battery, one knife and two camouflage caps were recovered from the possession of the accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has

Patna High Court CR. MISC. No.5364 of 2024(3) dt.21-03-2024 2/2 falsely been implicated in this case merely on the basis of mere suspicion. No incriminating article has been recovered from the possession of the petitioner. Petitioner is in custody since 31.08.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Additional District and Sessions Judge-III, Jamui dated 13.12.2023, it appears that petitioner has not arrested at the spot and on the basis of confessional statement of co-accused, he has been arrested in this case. Similarly situated co-accused namely Sunil Yadav has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 7485 of 2022 vide order dated 18.04.2022, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st, Class Jamui in connection with Laxmipur (Gidhaur) P.S. Case No. 289 of 2021. (Ramesh Chand Malviya, J) Anand Kr.

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