Mantu Singh @ Mantu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14223 of 2025 Arising Out of PS. Case No.-948 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Mantu Singh @ Mantu Kumar S/O Late Shambhu Singh @ Shambhu Prasad R/O B T Bigha, P.S- Sherghati, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :
Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Barachatti P.S. Case No. 948 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.
3. Prosecution case, in short, is that two unknown miscreants looted informant's car, cash amounting to Rs. 2,25,000/- and a mobile phone.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Prakash Kumar. No incriminating article has
Patna High Court CR. MISC. No.14223 of 2025(2) dt.28-02-2025 2/3 been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Learned counsel further submitted that petitioner has got no concern with the looted articles. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C. The co-accused person has already been granted regular bail by this Bench vide order dated 19.02.2024 passed in Cr. Misc. No. 8328 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that the looted amount has been recovered from the house of the petitioner and, therefore, the involvement of the petitioner in the offence alleged cannot be discarded.
6. Considering the aforesaid facts and circumstances of the case as also there being recovery of looted amount from the house of this petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, the prayer is rejected.
8. However, liberty is granted to the petitioner to surrender before the learned court below within a period of six weeks and pray for regular bail. If any such application is filed,
Patna High Court CR. MISC. No.14223 of 2025(2) dt.28-02-2025 3/3 the learned court below shall consider the same on its own merit without being prejudiced by this order.
(Rudra Prakash Mishra, J) Alok Verma/- U T