Mantu Raj @ Chandan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38567 of 2021 Arising Out of PS. Case No.-147 Year-2020 Thana- PARASBIGHA District- Jehanabad ====================================================== MANTU RAJ @ CHANDAN Son of Sudama Singh Resident of VillageSimbhua, P.S.- Mahendiya, District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Malti Kumari, Adv.

For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-01-2022 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Sri Damodar Prasad Tiwary, the learned APP for the State. The petitioner seeks regular bail in connection with Parasbigha PS case no. 147 of 2020 instituted for the offences punishable under Section 392 of Indian Penal Code. The allegation is regarding unknown miscreants having intercepted the informant, whereafter the said miscreants are stated to have snatched the mobile phone and motorcycle of the informant and the said miscreants had then fled away. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.38567 of 2021(2) dt.27-01-2022 2/3 submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 17.12.2020. The learned counsel for the petitioner has further submitted that out of the present case, two more cases have arisen and the petitioner has already been granted bail in the said two cases. It is next submitted that as far as the case concerning recovery of stolen motorcycle from the petitioner is concerned, the petitioner has already been granted bail by a co-ordinate Bench of this Court vide order dated 02.06.2021, passed in Cr. Misc. no. 9777 of 2021. Lastly, it is submitted that no test identification parade has been held till date to connect the petitioner with the alleged crime.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner has already been granted bail by a co-ordinate Bench of this Court in the connected case in which allegation of recovery of stolen motorcycle has been levelled and moreover, considering the period of incarceration of the petitioner herein, I deem it fit and proper to

Patna High Court CR. MISC. No.38567 of 2021(2) dt.27-01-2022 3/3 admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Chief Judicial Magistrate, Jehanabad in connection with Parasbigha PS case no. 147 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T