Mantu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6385 of 2022 Arising Out of PS. Case No.-180 Year-2016 Thana- KARPI District- Jehanabad ====================================================== MANTU YADAV SON OF RAM BISHUN YADAV R/O VILLAGEPAHARPURA TOLA, SUKAN BIGHA, P.S.- KARPI, DISTRICT- ARWAL ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 141, 143, 323, 307, 379, 504, 34 of the Indian Penal Code, 27 of the Arms Act and 33 of the Forest Act.

The allegation against the petitioner is that he along with other accused persons have cut the trees into small pieces standing in the field of the informant and on protest, the

Patna High Court CR. MISC. No.6385 of 2022(2) dt.28-07-2022 2/3 petitioner fired with country made pistol upon the informant but luckily he saved. The accused persons carried the wooden logs by Tractor.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. No tree or log has been recovered from the possession of the petitioner. There is no mention of any injury on the person of the informant. It is further submitted that the prosecution case is highly doubtful as the FIR for the alleged occurrence has been lodged after a delay of approximately six months without giving any plausible explanation. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, considering the delay in lodging the FIR, let the above named petitioner, 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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like

Patna High Court CR. MISC. No.6385 of 2022(2) dt.28-07-2022 3/3 amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Karpi (Sahar Tola O.P.) P.S. Case No.180 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T