Mangal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40568 of 2025 Arising Out of PS. Case No.-70 Year-2025 Thana- BACHHWARA District- Begusarai ====================================================== Mangal Kumar S/o Muso Ray R/o Vill- Lodiyahi, P.S.- Bachhwara, DistrictBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lakshmindra Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-09-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 309(4), 351(2) of the BNS, 2023.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that on 04.03.2025 at about 08:00 AM he came to Lodiyahi village for collecting installments of group loan and after collecting the amount he was returning to the branch when at 11:55 AM in between Gopalpur and Bishanpur, he was intercepted by the accused persons who looted his motorcycle, two mobiles, Tab, Bluetooth etc. along with Rs. 15,085/-, it is next alleged that accused persons were carrying arms, further he identified the petitioner as he used to go to the house of one

Patna High Court CR. MISC. No.40568 of 2025(3) dt.03-09-2025 2/3 Munita Devi @ Muniya Devi to collect loan amount and petitioner is son of Munita Devi.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case being son of Munita Devi. It is next submitted that mother of the petitioner had taken a loan from the branch of the informant and the interest had mounted, on which there was an altercation in between the informant and his mother and the petitioner had intervened on behalf of his mother and had abused the informant, as such, the informant falsely implicated him in the instant case. It is next submitted that it does not appear probable that petitioner would have committed the occurrence being aware that informant would identify him. It is also submitted that since mother of the petitioner was not in a position to return the loan amount along with the interest, as such, an altercation had taken place, on account of which the petitioner came to be implicated. It is next submitted that petitioner will not abscond rather will co-operate in the investigation to prove his innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court

Patna High Court CR. MISC. No.40568 of 2025(3) dt.03-09-2025 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bachhwara P.S. Case No. 70 of 2025 subject to the conditions as laid down under Section 482 (2) of BNSS.

7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

8. Let a copy of this order be sent to the concerned police station through the learned Trial Court.

9. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T