Mantu Verma @ Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32114 of 2023 Arising Out of PS. Case No.-834 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== Mantu Verma @ Mantu Kumar Son Of Shadhu Mahto @ Nawal Kishor Verma @ Naval Kishor Prasad R/O Village- Nisarpura Lock, P.S.- Naubatpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Naubatpur P.S. Case No. 834 of 2022 registered for the offence under Sections 341, 323, 324, 307 and 302/34 of the Indian Penal Code.

3. The accused/petitioner is not named in the F.I.R. and is in custody since 04.02.2023.

4. The allegation against the petitioner is to commit murder of the son of informant alongwith other co-accused persons by means of lathi, rod etc. due to disputes arising out of local politics.

5. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.32114 of 2023(2) dt.17-07-2023 2/3 petitioner submitted that the name of petitioner surfaced on the basis of confessional statement of co-accused, namely Kanhai Verma, where in furtherance of no incriminating materials appears to be recovered/surfaced as to incriminate petitioner, prima facie, with the present occurrence of murder. It is further submitted that by taking note of the contents of the confessional statement of co-accused made before police the prayer of the bail of petitioner was rejected by Sub-Ordinate Court, which is not permissible in terms of law. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of the facts and circumstances as mentioned above and by taking note of the fact as save and except confessional statement nothing incriminating appears against this petitioner as to connect with the present occurrence of murder, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 04.02.2023, accordingly petitioner, above named, is directed to be released

Patna High Court CR. MISC. No.32114 of 2023(2) dt.17-07-2023 3/3 on bail in connection with Naubatpur P.S. Case No. 834 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Danapur, Patna/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T