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Patna High CourtCR. MISC./38672/2017bail granted

Mantu Kumar @ Mantu Rawani @ Mantu Singh v. The State Of Bihar

2017-08-18Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38672 of 2017 Arising Out of PS.Case No. -100 Year- 2015 Thana -DELHA District- GAYA ====================================================== Mantu Kumar @ Mantu Rawani @ Mantu Singh, Son of Lachho Singh, Resident of Village- Katari Hill, P.S.- Chandauti, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 06.01.2016 in connection with Delha P.S. Case No. 100 of 2015 registered for the offence punishable under Sections 379/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he was returning along with his father from the station, some miscreants snatched his bag and ran away. It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and has been falsely implicated as his name surfaced during course of

Patna High Court Cr.Misc. No.38672 of 2017 (2) dt.18-08-2017 2/2 investigation. He submits that his name surfaced on the confessional statement of co-accused, who has since been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 28426 of 2016 on 18.10.2016. He submits that chargesheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner. He further submits that considering the period of custody, a sympathetic consideration be given.

However, learned A.P.P. for the State opposes the prayer for bail stating therein that the petitioner is an accused in a case of similar nature earlier.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VII, Gaya in connection with Delha P.S. Case No. 100 of 2015. (Nilu Agrawal, J.) Arjun/- U T