Mantu Yadav @ Mantu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31522 of 2021 Arising Out of PS. Case No.-148 Year-2019 Thana- NARHATT District- Nawada =============================================== Mantu Yadav @ Mantu Kumar, aged about 21 years (Male), Son of Sharwan Yadav Resident of Village - Taropur, P.S.- Narhat, Distt.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s =============================================== Appearance :
For the Petitioner/s :
Mr. Vikramdeo Singh, Adv.
For the Opposite Party/s :
Md. Matloob Rab, APP =============================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-09-2021 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner has filed an undertaking that all the defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.
2. The petitioner has renewed his prayer for anticipatory bail in connection with Narhat P.S. Case No. 148 of 2019, having earlier been rejected by the order dated 18.09.2019 in Criminal Miscellaneous No. 59089 of 2019 for the alleged
Patna High Court CR. MISC. No.31522 of 2021(2) dt.01-09-2021 2/3 offences alleged under Sections 341, 323, 324, 307, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that in a subsequent development, co-accused Ashok Yadav has been granted anticipatory bail by this Court on 19.01.2021 vide order passed in Cr. Misc. No. 2703 of 2020 (Annexure-4). It has further been submitted that though the petitioner is said to have fired, but there is no fire-arm injury to the victim who is said to have been injured by hard blunt substance.
4. Considering the nature of accusations alleged against the petitioner of firing upon the victim as also having two criminal antecedents, this Court is not inclined to take a different view of the matter at this stage. The petition stands dismissed.
5. If the petitioner surrenders and seeks regular bail before the learned court below, the same shall be considered on its own merit in accordance with law without being prejudiced by any observation in the present order.
6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the
Patna High Court CR. MISC. No.31522 of 2021(2) dt.01-09-2021 3/3 notice of this Court.
(Vikash Jain, J) rishi/- U T