Mantu Kumar @ Mantu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19174 of 2020 Arising Out of PS. Case No.-18 Year-2020 Thana- PATORI District- Samastipur ====================================================== Mantu Kumar @ Mantu Kumar Singh, aged about 34 years, Male, Son of Sri Suresh Prasad Singh, Resident of Village- Marai, P.S.- Jandaha, DistrictVaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pravin Kumar, Advocate For the Opposite Party/s :
Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-07-2020 Heard the parties through the virtual court proceeding. The petitioner seeks bail in connection with Patori P.S. Case No. 18 of 2020 registered for t he offence punishable under Section 395 of the Indian Penal Code.
The aforesaid P.S. case was registered on the information of Manoj Kumar, presently posted as Branch Manager in L.I.C. Office, Shahpur Patory, Branch. The prosecution story as emanates from the complaint is that on dated 20.01.2020, some unknown criminal entered inside the L.I.C. Office, Patori and on the point of pistol looted Rs.10,71,803/- and gun of office-guard.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated. Learned
Patna High Court CR. MISC. No.19174 of 2020(3) dt.09-07-2020 2/3 counsel for the petitioner further submits that the petitioner is not named in the F.I.R. He further submits that at the time of occurrence, the petitioner was present in the L.I.C. as he was depositing premium amount of t he insurance police of his father. He further submit s that the petitioner has no criminal antecedent except a case under Section 12 of the Domestic Violence Act. Learned counsel for the petitioner further submits that the petitioner is in jail custody since 25.01.2020. Learned counsel for the State submits that the F.I.R. was lodged against unknown person with regard to the robbery in L.I.C. Office. The name of the petitioner was surfaced in the confessional statement of co-accused Ranjit Kumar Chaudhary. The accused has also confessed his involvement in the crime before the police.
Learned counsel for the petitioner submits that the socalled confessional statement is out and out a false allegation and due t o existing dispute in between the two family the aforesaid Ranjeet Kumar, son of Ramanand Choudhary @ Chunni Choudhary may have tried to implicate the petitioner falsely or the police may have added the name simply on the ground that petitioner was found present prior to the alleged occurrence in queue for depositing the money in L.I.C. Branch in question. He further submits that there is no material to connect the petitioner
Patna High Court CR. MISC. No.19174 of 2020(3) dt.09-07-2020 3/3 with the crime in question and even as per the said so-called CCTV footage, as stated above, the petitioner was found standing in the queue prior to the alleged occurrence and from Annexure-2 of bail petition, it is further evident that on that day in queue when the turn of petitioner came he deposited the premium of Policy No.539541815 and as stated above on the alleged date of occurrence even as per CDR there was no talk from the mobile of the petitioner on the mobile either of the two brothers i.e. Ranjeet and Manjeet.
In the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Samastipur in connection with Patori P.S. Case No. 18 of 2020.
(Anjani Kumar Sharan, J) Nasimul/- U T