Mangaru Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43501 of 2025 Arising Out of PS. Case No.-296 Year-2024 Thana- DINARA District- Rohtas ====================================================== Mangaru Sah son of Kanhaiya kanu Resident of Village- Jamrodh Police Station- Dinara District- Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-07-2025 Heard the parties.
2. The petitioner seeks regular bail in connection with S. Tr. No. 33 of 2025 arising out of Dinara P.S. Case No. 296 of 2024 for the offences punishable under Sections 126(1), 109, 3(5), 118(2) of B.N.S. and Section 27 of the Arms Act.
3. Earlier the bail application of the petitioner was rejected in Cr. Misc. No. 81152 of 2024 (Mangaru Sah Vs. State of Bihar) on 27.11.2024.
4. As per the prosecution story, the informant alleged that on minor issue of dumping of soil, Prashant Kumar Singh started assaulting his son. The locals pacified the matter and his son returned but on the same day, both this petitioner and Prashant Kumar Singh entered his house and once again, the assault took place, later, they escaped. On 03.07.2024, the informant was taking meal when Mangaru Sah instigated
Patna High Court CR. MISC. No.43501 of 2025(2) dt.04-07-2025 2/3 Prashant Kumar who opened fire which resulted into injury to his friend and as the other family members came, they also suffered injuries. This led to the FIR and the injured were taken to the Hospital.
5. Learned counsel for the petitioner submits that only because the petitioner earlier serving with the informant and later shifted to Prashant Kumar Singh, the FIR. The role mainly is attributed to the Prashant Kumar Singh and only instigation has come as an allegation on his part.
6. Learned APP on the other hand submits that the role assigned to him is that of an order giver.
7. Taking into account the submissions of the parties as also the period of custody (08.07.2024), and undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of bail with conditions.
8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional District and Sessions Judge-14, Rohtas at Sasaram, in connection with S. Tr. No. 33 of 2025 arising out of Dinara P.S. Case No. 296 of 2024 subject to the following conditions:
Patna High Court CR. MISC. No.43501 of 2025(2) dt.04-07-2025 3/3 (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight till the conclusion of the trial. (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Raj Ranjan/- U T