Mantu Kumar @ Mantu Jaiswal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34523 of 2025 Arising Out of PS. Case No.-213 Year-2023 Thana- BRAHMPURA District- Muzaffarpur ====================================================== Mantu Kumar @ Mantu Jaiswal S/O Dharmendra Prasad @ Dharmendra Prasad Jaiswal R/O Village- Amwa, P.S.- Jharokhar, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar, Adv.
For the Opposite Party/s :
Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-06-2025 Heard Learned Counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with NDPS Case No.29 of 2025 arising out of Brahampura P.S. Case No.213 of 2023 lodged under Sections 402, 399 and 414 of the IPC read with Section 8(C)/21(b) of the NDPS Act after cognizance under Sections 399, 402 and 414 of the IPC read with section 21(A) of the NDPS Act.
3. As per the prosecution, the FIR has been lodged against 19 named accused persons including petitioner against whom there is allegation that they were planning to do dacoity in the night.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits
Patna High Court CR. MISC. No.34523 of 2025(2) dt.03-06-2025 2/3 that the petitioner has not been apprehended from the place of occurrence rather his name has figured in this case only on the basis of confessional statement of co-accused persons. He further submits that no offence has been made out against the petitioner, which has been alleged in the present case.
5. Counsel further submits that nothing has been recovered from his possession and he is in custody since 20.01.2025 after being remanded and his antecedent is not clean. There are 4 criminal cases pending against him.
6. Learned APP for the State opposes the prayer for bail.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but only after framing of charge, if not framed as well as on being satisfied by the trial court that the petitioner is not absconding in any of the cases which are pending against him whose details are mentioned below, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of Exclusive Special Court-II, (NDPS), Muzaffarpur in connection with NDPS Case No.29 of 2025 arising out of Brahampura P.S. Case No.213 of 2023, subject to the following
Patna High Court CR. MISC. No.34523 of 2025(2) dt.03-06-2025 3/3 conditions as laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
8. The details of the cases which are pending against the petitioner, are as follows:- i. Darpa P.S. Case No.64 of 2024.
ii. Dhaka P.S. Case No.57 of 2024.
iii. Dhaka P.S. Case No.45 of 2024.
iv. Chiraiya P.S. Case no.60 of 2024.
(Dr. Anshuman, J.) Prakashmani/- U T