Mantu Prasad @ Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25742 of 2023 Arising Out of PS. Case No.-196 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== MANTU PRASAD @ MANTU KUMAR Son of Rajendra Prasad R/VParaiya PS-Harsiddhi, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi, Adv.

For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP.

Mr. Rajesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 353 r/w 34 of the Indian Penal Code.

3. Allegedly, after some altercation, all the FIR named accused persons including the petitioner came to the informant and assaulted her. Petitioner is said to have assaulted the informant's son with Gadasa resulting head injury to him.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that after

Patna High Court CR. MISC. No.25742 of 2023(3) dt.21-07-2023 2/2 investigation, police has filed final form against the petitioner, but the learned Court below differing from the final form took cognizance against him. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that petitioner was also involved in the present case as there is sufficient material in the case diary to indicate the complicity of the petitioner in the present case.

6. Having regard to the facts and circumstances of the case, as final form has been filed against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Harsiddhi P.S. Case No. 196 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T