Mantu Kumar@Manoj Kumar Bharti @Mantu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57034 of 2021 Arising Out of PS. Case No.-59 Year-2020 Thana- SONO District- Jamui ====================================================== Mantu Kumar @ Manoj Kumar Bharti @ Mantu Yadav Son Of Arjun Yadav Resident Of Village- Tahwa, P.S. Jhajha, District- Jamui ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Prakash Mahto For the State :

Ms. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sono P. S. Case No.59 of 2020, instituted for the offences under Section 364(A) of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 30.06.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

The learned counsel for the petitioner further submits that the informant alleges that his father was kidnapped on 01.03.2020 and the kidnappers assaulted him with helmet. While taking away his father, the accused persons left their helmet. It is further submitted that on account of assault, his

Patna High Court CR. MISC. No.57034 of 2021(2) dt.24-02-2022 2/3 father became unconscious. On 02.03.2020 at 6.25 A.M., an extortion call came on the mobile of younger brother of the informant demanding Rs.30,00,000/- for realizing the victim. Again on the same day at 11.49 A.M., a call came asking to keep ready the extortion amount otherwise victim would be killed.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. From bare perusal of the allegation as alleged, it would manifest that the informant was an eye witness to the occurrence when he was not present. The victim is alleged to have been kidnapped on 01.03.2020 and the victim on his own came back on 04.03.2020 and thereafter, the present F.I.R. came to be instituted. The learned counsel further submits that no offence under Section 364(A) of the I.P.C. is made out. The learned counsel further submits that name of this petitioner came in the confessional statement of Johan Kisku @ John Kisku, who has been granted bail along with Silvestor Tudu @ Guddu Tuddu by order dated 25.06.2021 in Cr. Misc. No.8628 of 2021. Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been

Patna High Court CR. MISC. No.57034 of 2021(2) dt.24-02-2022 3/3 submitted in this case and the present case came to be instituted after recovery of the victim and co-accused have been granted bail, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Sono P. S. Case No.59 of 2020. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T