Mannu @ Niraj Kumar Mahto @ Monu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39483 of 2020 Arising Out of PS. Case No.-110 Year-2020 Thana- PIRPAINTI District- Bhagalpur ====================================================== Mannu @ Niraj Kumar Mahto @ Monu, Son of Bihari Lal Mahto, Resident of Village - Kangalichak, P.S.- Pirpaiti, District - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar, Advocate For the Opposite Party/s :
Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-03-2021 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Pirpainti P.S. Case No.110 of 2020 for the offence punishable under Sections 147, 149, 341, 342, 337, 323, 427, 436, 307, 353, 504, 120B of the Indian Penal Code.
100-150 persons have allegedly resorted to arson in protest against the police, who were not allowing the trucks to enter in a "no entry" zone. The petitioner's identification is alleged on the basis of the alleged mobile footage. It is under these circumstances that the petitioner is in custody since 13.07.2020.
It is submitted by the petitioner's counsel that the petitioner bears a clean past. Being present in the vicinity, the
Patna High Court CR. MISC. No.39483 of 2020(3) dt.16-03-2021 2/3 petitioner has become a victim of the circumstances, though he has no connection with the occurrence in question. There is no specific allegation attributed against the petitioner and no CCTV footage has been placed to support the allegation. Learned APP for the State has opposed the prayer for bail.
Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateXI, Bhagalpur, in connection with Pirpainti P.S. Case No.110 of 2020, subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel
Patna High Court CR. MISC. No.39483 of 2020(3) dt.16-03-2021 3/3 would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T