Mantu Kumar @ Mantu Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.46428 of 2016 (2) dt.24-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46428 of 2016 Arising Out of PS.Case No. -11 Year- 2016 Thana -KHUDAGANJ District- NALANDA (BIHARSHARIFF) ====================================================== MANTU KUMAR @ MANTU YADAV son of late Kapil Yadav resident of village Makhdumpur PS Khudaganj Dist. Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 24.10.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 399, 402, 414 of the Indian Penal Code and various sections of the Arms Act.

Petitioner is said to have caught along with several others while he and others had assembled to make preparation for committing dacoity and one loaded katta as well as one live cartridge were recovered from his conscious possession. Para 3 of the petition goes to show that the petitioner has been made accused in altogether, 9 cases but submission on behalf of the petitioner is that prior to institution of the present case, petitioner was made accused only in one case i.e. Sohsarai P.S. Case no. 73/2012 but when the petitioner was taken into custody in the present case, he was remanded in several cases which had been lodged against unknown persons. It is further submitted that moreover, having more

Patna High Court Cr.Misc. No.46428 of 2016 (2) dt.24-10-2016 or less similar allegation, some co-accused have already been granted privilege of bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that the petitioner is in jail custody since 25.1.2016, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Hilsa in Khudaganj P.S. Case no. 11/2016. shahid (Hemant Kumar Srivastava,J) U T