Mantu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34202 of 2022 Arising Out of PS. Case No.-25 Year-2022 Thana- ALAMNAGAR District- Madhepura ====================================================== Mantu Singh, Son Of Raghunath Singh @ Raghunath Mehata, Resident of Village- Gangapur, Market Tola @ Bhorkat Tola, Ward No.2, P.S.- Alam Nagar, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. Let the defect(s), if any, as pointed out by the office be removed within four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Alam Nagar P.S. Case No. 25 of 2022 registered for the alleged offences under Sections 25 (1-B) a, 26 and 35 of the Arms Act.

As per prosecution case, the police conducted a raid for apprehending the absconding accused of some other case and during such raid, this petitioner was apprehended. From this petitioner, one live cartridge was recovered. From the co-

Patna High Court CR. MISC. No.34202 of 2022(2) dt.23-09-2022 2/3 accused, a loaded country made pistol was recovered. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The story of recovery of a live cartridge is false and concocted and the recovered article is planted one. There is no independent witness. Charge sheet has been submitted in this case and the petitioner is in custody since 31.01.2022. Learned A.P.P. opposes the prayer for bail submitting that the petitioner is having criminal antecedent and is accused in a murder case.

Having regard to the facts and circumstances and submissions made hereinabove and considering the submission of charge sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Uda Kishunganj, Madhepura, in connection with Alam Nagar P.S. Case No. 25 of 2022, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions : (i) The bail bond of the petitioner will be accepted only after framing of charge, if

Patna High Court CR. MISC. No.34202 of 2022(2) dt.23-09-2022 3/3 not already framed.

(ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T