Mantu Mishra @ Santu Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49690 of 2024 Arising Out of PS. Case No.-226 Year-2023 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Mantu Mishra @ Santu Mishra Son of Laxman Mishra R/o Village- Kherwa, P.S.- Basantpur, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Prakash Singh, Adv.
For the Opposite Party/s :
Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Bhagwanpur Hat P.S. Case No. 226 of 2023 dated 13-06-2023 instituted for the offence punishable under Sections 379 and 414 of the Indian Penal Code.
3. The prosecution case, in short, is that the informant had parked his Bolero vehicle and went to take breakfast. In the mean time, Bolero vehicle was stolen and the miscreants began to flee away. When the informant chased them, one miscreant was apprehended who disclosed the name of the petitioner (Mantu Mishra), Sanjay Sah and Raju Sharma as his associates, who succeeded in fleeing away.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.49690 of 2024(2) dt.10-07-2024 2/3 petitioner is innocent and he has been falsely implicated in this case. It is submitted that co-accused Keshaw Parvat was apprehended at the spot who disclosed the name of the petitioner as well as Sanjay Sah and Raju Sharma. It is submitted that nothing has been recovered from the conscious possession of the petitioner and there is no cogent material available against him. It is further submitted that other similarly situated co-accused, namely, Sanjay Sah has been granted anticipatory bail by this Court vide order dated 10-01-2024, passed in Criminal Miscellaneous No. 82955 of 2023. Other co-accused, namely, Raju Sharma has been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 20-02-2024, passed in Cr. Misc. No. 8736 of 2024. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Siwan, in Bhagwanpur Hat P.S. Case No. 226 of 2023,
Patna High Court CR. MISC. No.49690 of 2024(2) dt.10-07-2024 3/3 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Khatim Reza, J) shyambihari/- U