Nand Lal @ Mantu Kumar @ Kumar Mantu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27595 of 2024 Arising Out of PS. Case No.-143 Year-2022 Thana- CHAKAND District- Gaya ====================================================== Nand Lal @ Mantu Kumar @ Kumar Mantu Yadav S/O Jagdish Yadav R/O Mohalla - Newgodam P.S - Kotwali Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priya Ranjan, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chakand P.S. Case No. 143 of 2022 instituted for the offence under Sections 147, 149, 341, 323, 379, 307, 353, 504 & 506 of the Indian Penal Code and Section 21 of the MM(DR), 1957 Rule 56(i) BMC CPIMS, 2019.

3.

As per the FIR, the allegation against the petitioner along with co-accused persons is of pelting stones and bricks upon the police party when they were trying to stop illegal sand mining due to which police party got injured. It is further alleged that the miscreants also took away three tractor with trolley with them.

Patna High Court CR. MISC. No.27595 of 2024(2) dt.18-04-2024 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18-12-2023. Petitioner bears fourteen criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no specific allegation attributed to the petitioner rather there is general and omnibus allegation has been levelled against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. It is also submitted that petitioner is neither the owner nor the driver of the tractor nor he has any concern with the tractor. It is lastly submitted that charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, charge sheet being submitted and there being no direct allegation against the petitioner, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.27595 of 2024(2) dt.18-04-2024 3/3 Court below/concerned Court in connection with Chakand P.S. Case No. 143 of 2022, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T