Mantu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37048 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- ISMAILPUR District- Bhagalpur ====================================================== 1.

Mantu Ram S/O Nate Ram @ Nate Harizan R/O Village- Nayatola Fulkiya, P.S- Ismilepur, Distt.- Bhagalpur.

2.

Manish Kumar S/O Arvind Harizan @ Arbind Ram R/O Village- Nayatola Fulkiya, P.S- Ismilepur, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhirendra Singh, Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Ismilepur P.S. case No. 02 of 2024 instituted for the offences under Sections 341, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution story, in short, is that when the informant was returning after purchasing vegetables, all the accused persons including these petitioners gathered at the place

Patna High Court CR. MISC. No.37048 of 2024(2) dt.17-05-2024 2/3 of occurrence and, in the meantime, co-accused Vikash Kumar fired upon the informant which hit the back of the informant. After firing, all the accused persons fled away. It is further alleged that in the alleged firing, there is hand of these petitioners.

4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against these petitioners. No specific overt act is alleged against these petitioners. The specific allegation of firing is attributed to the co-accused Vikash Kumar. It has been submitted on behalf of the petitioners that the petitioners are in custody since 31.01.2024 and have no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, general and omnibus allegation as well as the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties

Patna High Court CR. MISC. No.37048 of 2024(2) dt.17-05-2024 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Ismilepur P.S. case No. 02 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T