Mantosh Kumar @ Mantosh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18302 of 2020 Arising Out of PS. Case No.-11 Year-2020 Thana- MANJHI District- Saran ====================================================== MANTOSH KUMAR @ MANTOSH KUMAR YADAV Son of Gautam Yadav Resident of Village - Gauri, P.S.- Manjhi, District - Chapra (Saran). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Murari Mishra For the Opposite Party/s :

Mr.Pranav Kumar Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Mr. Ashok Kumar, the learned APP appearing for the State. The petitioner seeks regular bail in connection with Manjhi P.S. Case No. 11 of 2020, registered for the offence punishable under Sections 413, 414 of the Indian Penal Code and Sections 25(1-b)/a/26/35 of the Arms Act. The case of the prosecution in brief is that the police, upon receipt of secret information that some miscreants were planning to commit crime, had reached at the alleged time and place of occurrence whereupon certain miscreants were

Patna High Court CR. MISC. No.18302 of 2020(2) dt.04-06-2020 2/2 apprehended and search was made. As far as the petitioner is concerned, one country made pistol and two live cartridges were recovered by the police upon search being made. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 17.1.2020.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner is having a clean antecedent and he is languishing in custody since about five months, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, XIV, Saran at Chapra in connection with Manjhi P.S. Case No. 11 of 2020. (Mohit Kumar Shah, J) Ajay/- U T