Mantu @ Mantu Kumar @ Kara Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14543 of 2017 Arising Out of PS.Case No. -216 Year- 2016 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================

1. Mantu @ Mantu Kumar @ Kara Kumar, S/o Raj Kumar Prasad @ Kumari Mahto, Resident of Village- Sriramnagar Korai, Police StationDeepnagar, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-04-2017 The petitioner is in custody since 07.11.2016 in connection with Deepnagar P.S. Case No. 216 of 2016, registered for offences punishable under Sections 147, 148, 149, 341, 323, 307 and 302 Indian Penal Code and Section 27 of the Arms Act. It has been submitted on behalf of the petitioner that only general omnibus allegation of assault has been levelled against the petitioner and specific allegation of firing is levelled against coaccused persons of this case, which is evident from the F.I.R itself. However, informant later on in his restatement has stated that petitioner has also fired but that is a developed and after thought story. Petitioner has no criminal antecedent and has been in judicial custody since 07.11.2016.

Learned counsel for the State also could not controvert the above submissions of learned counsel for the petitioner. Having heard both sides, considering the aforementioned

Patna High Court Cr.Misc. No.14543 of 2017 (3) dt.11-04-2017 2/3 facts and circumstances, the period of custody and also that the petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Deepnagar P.S. Case No. 216 of 2016, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T

Patna High Court Cr.Misc. No.14543 of 2017 (3) dt.11-04-2017 3/3