Mantu Kumar @ Mantu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35542 of 2022 Arising Out of PS. Case No.-178 Year-2021 Thana- TARAIYA District- Saran ====================================================== Mantu Kumar @ Mantu Sah Son Of Late Hirdya Sah, Resident of villageNarharpur, Chamari Tola, P.S.- Marhowrah, (Gaura O.P.), District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Advocate Mr. Sachida Nand Rai, Advocate For the Opposite Party/s :

Mr.Jagdhar Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Taraiya P.S. Case No. 178 of 2021, lodged under Section 392 of the Indian Penal Code.

As per prosecution, the F.I.R. has been filed for robbery against 3 unknown persons.

Learned counsel for the petitioner submits that petitioner is completely innocent and he has committed no offence.

He has categorically submitted that nothing incriminating has been recovered from the possession of the

Patna High Court CR. MISC. No.35542 of 2022(2) dt.16-09-2022 2/3 petitioner and he was not put on T.I.P. He further submits that petitioner was accused in Taraiya P.S. case No. 692 of 2021 registered under arms act and police has remanded him in the present case. He further submits that petitioner is in custody since 26.07.2021 and charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-Ist, Saran at Chapra in connection with Taraiya P.S. Case No. 178 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall

Patna High Court CR. MISC. No.35542 of 2022(2) dt.16-09-2022 3/3 file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T