← Library
Patna High CourtCR. MISC./23606/2025bail granted

Mantu Kumar @ Ashish Kumar v. The State Of Bihar

2025-09-01Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23606 of 2025 Arising Out of PS. Case No.-671 Year-2024 Thana- BEUR District- Patna ====================================================== Mantu Kumar @ Ashish Kumar S/o Bhutali Rai R/o Village- Nathupur, P.S.- Beur, Dist- Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Tiwary, Adv.

For the Opposite Party/s :

Mr. Jitendra Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-09-2025 Heard Mr. Saket Tiwary, learned counsel for the petitioner and the State.

2. The petitioner is apprehending his arrest in connection with Beur P.S. Case No. 671 of 2024 for the offence under sections 115(2), 126(2), 109, 351, 352 and 3(5) of the B.N.S. lodged on 15.11.2024 by the informant, Ravi Kumar.

3. As per the prosecution story, the informant alleged that as per the FIR, the cousin of the informant went to the shop of Bunti Rai for bringing some articles when first assault took place. The informant was called, he along with his uncle went to the place, intervened in the matter and they returned home.

4. Later, the accused person came to the house and after abuse, Golu Kumar opened fire on Ripu Rai, while this petitioner allegedly hit on the head with the iron rod and Bhutali

2/4 Rai snatched his golden chain. This led to the FIR.

5. Learned counsel for the petitioner submits that a school is being run there and the children used to complain about the locals consuming liquor. When, this was protested, the assault. In any case, injury has been found simple in nature and the last submission is that without accepting the allegation and/or the outcome of the present case in view of the fact that the informant has alleged injuries, the petitioner on its own would like to contribute towards the medical assistance of Rs. 5,000/- through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZRAT' of concerned Court to be handed over to the informant after checking the credentials.

6. It is further submitted that the Co-ordinate Bench has granted relief to Golu Kumar to open fire in Cr. Misc No. 41768 of 2025. Let the same be kept on record.

7. Learned APP, Mr. Jitendra Kumar opposes the prayer submitting that the injury has to be found on the head.

8. Considering the submissions of the parties, as also fact that the injury has to be found simple in nature, the petitioner has undertaken to diligently appear in trial, one of the co-accused has been granted relief, as stated above, in that

3/4 background, this Court is inclined to extend him the privilege of anticipatory bail subject to the payment of Rs. 5,000/- to Ravi Kumar as undertaken by the learned counsel for the petitioner to be paid by Demand Draft of local State Bank of India to be submitted to the Trial Court.

9. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M-1, Patna in connection with Beur P.S. Case No. 671 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

4/4 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Siddharth Soni/- U T