Mantu Rai @ Mantu @ Satyendra Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26672 of 2025 Arising Out of PS. Case No.-14 Year-2025 Thana- RAJPUR District- Buxar ====================================================== Mantu Rai @ Mantu @ Satyendra Kumar Rai Son of Late Jagnarayan Rai Village - Mangraon, Ps- Rajpur, Dist- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar, Advocate Ms. Supriya Kumari, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Rajpur P.S. Case No. 14 of 2025 dated 12.01.2025, instituted for the offence punishable under Sections 126(2), 115(2), 109, 303(2), 352, 351(2), 351(3) and 35 of the B.N.S.
3. The prosecution case, in short, is that, on 11.01.2025 when informant was returning home after earning Rs. 3,75,000/- then associates of Suresh Rai namely, Jhabbu Rai, Golu Rai and Mantu Rai (petitioner) surrounded and abused him. The accused persons assaulted the informant by
2/4 means of gun due to which his nose got injured. The reason behind the occurrence is dispute regarding parking of vehicle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that both sides are next door neighbours. The entire dispute arose due to a petty dispute regarding parking of vehicles. It is also submitted that from perusal of impugned order, it transpires that informant in his restatement has stated that he was along with Govind Paswan @ Tiwari. Govind Paswan @ Tiwari has stated in para 10 of the case diary that scuffle took place regarding parking of vehicle. Jhabbu Rai assaulted the informant Chitranjan Rai and the petitioner tried to pacify. Other accused persons also came there and started assaulting the injured. It is further stated that Jhabbu Rai has been granted bail by the learned Sessions Judge itself. There is no specific allegation against the petitioner rather the allegation levelled against the petitioner is general and omnibus in nature. Lastly, it has been submitted that petitioner has two criminal cases against him.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of
3/4 the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Rajpur P.S. Case No. 14 of 2025, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar subject to condition as laid down under Section 482(2) of the B.N.S.S. as also to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move
4/4 for cancellation of bail.
(Khatim Reza, J) Sankalp/- U T