Mantu Kumar @ Ram Bahadur Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15766 of 2020 Arising Out of PS. Case No.-532 Year-2018 Thana- DUMRA District- Sitamarhi ====================================================== MANTU KUMAR @ RAM BAHADUR SAH S/o Vikau Sah Resident of Village-Belahi, P.S-Sahiyara, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the State :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 392 & 395 of the Indian Penal Code. Prosecution case in short is that while the informant having collected money from retailer, was returning by bus to his destination, Muzaffarpur, two miscreants sitting in the same bus, got him down. Four persons were already present at the place of occurrence from before. It is alleged that the collected money amounting to Rs. 1,25,678/- and two mobiles were

Patna High Court CR. MISC. No.15766 of 2020(2) dt.13-07-2020 2/3 looted away by miscreants.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. There is no recovery of any incriminating article from possession of the petitioner. The petitioner is not named in the FIR. The name of the petitioner transpired in this case on the basis of disclosure, made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 532 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No.15766 of 2020(2) dt.13-07-2020 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T