Mantosh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43337 of 2024 Arising Out of PS. Case No.-5 Year-2021 Thana- RAGHUNATHPUR District- Siwan ====================================================== Mantosh Kumar Singh S/o Bansh Bahadur Singh R/O Vill - Narhan, P.S. Raghunathpur, Distt. - Siwan, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prashant Kumar, Advocate For the Opposite Party/s :
Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-07-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Raghunathpur P.S. Case no. 5 of 2021 registered under sections 414 and 413 of the Indian Penal Code.
3. As per the prosecution case, on secret information having been received a raid was conducted. The informant states that seeing the police personnel the accused persons started to flee away, however four accused persons were caught while others managed to escape. The persons who were caught disclosed the named of six persons who had managed to escape which included the petitioner herein. It is further stated that eight motorcycles were recovered from the persons who were
Patna High Court CR. MISC. No.43337 of 2024(2) dt.15-07-2024 2/3 caught however, they were not able to produce any documents on demand.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. He was neither caught at the place of occurrence nor any incriminating article recovered from his possession. The only material against this petitioner is the statement of co-accused made before police. Some of the accused persons who were caught have already been enlarged on bail vide orders dated 23.12.2021 and 7.1.2022 brought on record as Annexure-P/2 series to the petition. The petitioner is in custody since 12.3.2024.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, the petitioner not having been caught at the place of occurrence, no incriminating article having been recovered from the petitioner's possession, his being in custody since 12.3.2024 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Raghunathpur P.S. Case no. 5 of 2021, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.43337 of 2024(2) dt.15-07-2024 3/3 like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VIII, Siwan.
(Partha Sarthy, J) Harsh/- U T