Mantosh Kumar @ Mantosh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25416 of 2021 Arising Out of PS. Case No.-717 Year-2019 Thana- DEHRI TOWN District- Rohtas ====================================================== Mantosh Kumar @ Mantosh Singh aged about 25 years, Son of Ram Naresh Singh Resident of Village - Talwan Bigaha, P.S.- Dehri (Town), Distt.- Rohtas.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Maya Shankar Mishra, Advocate Mr.Nagendra Upadhyay, Advocate For the State :
Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 07-12-2021 The applicant/accused in Crime No. 717 of 2019 registered with Dehri (Town) police Station for the offence punishable under sections 147, 149, 341, 323, 337, 307, 504 of the Indian Penal Code at the instant of the first informant by this application seeking his release on bail during the pendency of the trial.
Heard both sides.
It is alleged by the prosecution that by forming an unlawful assembly, the accused persons including the present applicant had assaulted injured, Ravi Kumar and another. The incident allegedly took place on 14.10.2019 in the village. The injured Ravi Kumar has suffered fracture injury to his head. It
Patna High Court CR. MISC. No.25416 of 2021(3) dt.07-12-2021 2/3 is reported that the offence has not travelled beyond the one punishable under section 307 of the Indian Penal Code. The learned counsel for the applicant submitted that the injured is recovered from the injury and is in the village itself.
Considering the fact that investigation of the crime in question is over and that the injured is reportedly recovered from the woulds suffered by him in the incident, no further pre-trial detention of the applicant is necessary, and therefore, the order.
The application is allowed.
The applicant/accused in Crime No. 717 of 2019 registered with Dehri (Town) Police Station is directed to be released on bail on executing P.R. Bond of Rs. 10,000/- (Ten Thousand) on furnishing sureties of the like amount to the satisfaction of the trial court with the following conditions:- (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should not repeat the trial in expeditious disposal of the trial against him.
Patna High Court CR. MISC. No.25416 of 2021(3) dt.07-12-2021 3/3 (III) The applicant to remove all office objections forthwith and the Registry to issue bail-writ as per this order only after removal of office objections by the applicant/accused. (A. M. Badar, J) Ravi/- U T