Mantu Kumar @ Mantu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16184 of 2023 Arising Out of PS. Case No.-138 Year-2022 Thana- SARMERA District- Nalanda ====================================================== MANTU KUMAR @ MANTU YADAV Son of Late Laxmi Yadav R/V- Tora, P.S.- Sarmera, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.A. K. Thakur, Ms. Vaishnavi Singh For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code. It is a case of commission of murder to the informant's husband, namely, Kamlesh Yadav by slitting his throat and his dead body was thrown near western Ahra of Tora village.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. FIR is against unknown. In para 8 of the case diary, restatement of the informant was recorded in which she named the petitioner and thereafter he was apprehended by the police and then his socalled self statement was manufactured with false statement.

Patna High Court CR. MISC. No.16184 of 2023(4) dt.10-08-2023 2/2 No one is the eye witness of the alleged occurrence. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 16.07.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the Judicial magistrate 1st Class, Nalanda at Biharsharif in connection with Sarmera P.S. Case No. 138 of 2022.

(Sunil Kumar Panwar, J) sushma/- U