Banty Kumar @ Manty Kumar @ Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38231 of 2020 Arising Out of PS. Case No.-283 Year-2018 Thana- BIHARIGANJ District- Madhepura ====================================================== Banty Kumar @ Manty Kumar @ Mantu Kumar son of Kailash Mehra Resident of Village- Sarauni Kala, Ward No.- 5, P.S.- Bihariganj, DistrictMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rupesh Kumar, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Bihariganj P.S. Case no. 283 of 2018 registered under section 392 of the Indian Penal Code.

As per allegation in the F.I.R., four accused persons on a motorcycle on the point of pistol took away the mobile phone and Rs.15000/- in cash from the informant. It is submitted by learned counsel for the petitioner that the F.I.R. was registered against four unknown. Referring to the order of the learned Court below rejecting his application for bail it is submitted that the name of the petitioner transpired in

Patna High Court CR. MISC. No.38231 of 2020(2) dt.05-02-2021 2/2 the confessional statement of co-accused Sanjeev Kumar made before the police and the said Sanjeev Kumar has been enlarged on bail vide order dated 20.6.2019 (Annexure-2/A) passed in Cr.Misc. no. 37364 of 2019. It is submitted that no incriminating article has been recovered from the possession of the petitioner. He has not been put on T.I. Parade and is in custody since 3.3.2020.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and in view of the petitioner being in custody since 3.3.2020 and not having been put on T.I. Parade, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Bihariganj P.S. Case no. 283 of 2018 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Udakishunganj, district Madhepura.

(Partha Sarthy, J) Bibhash/- U T