Mantu Yadav @ Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7651 of 2022 Arising Out of PS. Case No.-122 Year-2020 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Mantu Yadav @ Mantu Kumar Son Of Surendra Yadav Resident Of VillageBherwaniya, P.S- Bhagwanpur Hat, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kashyap For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504 of the Indian Penal Code.

It is alleged that for a petty dispute, all the F.I.R named accused persons including the petitioner assaulted the informant and other family members. It is specifically alleged against this petitioner that he assaulted with spade on the head of uncle of the informant namely Vikrama Yadav.

Patna High Court CR. MISC. No.7651 of 2022(2) dt.08-08-2022 2/3 It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. It is further submitted that prior to lodging of the present case, Bhagwanpur P.S. Case No. 121 of 2020 has been registered against the informant and others. Hence, as a retaliatory measure, this false case has been registered against the petitioner. It is the specific case of the prosecution that petitioner assaulted with spade to the uncle of the informant but the injury report of the injured has been brought on record as Annexure-3 which does not corroborate the prosecution version. There is no accusation of repeating the blow. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands)

Patna High Court CR. MISC. No.7651 of 2022(2) dt.08-08-2022 3/3 with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st, Class, Siwan in connection with Bhagwanpur Hat P.S. Case No. 122 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T