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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52764 of 2024 Arising Out of PS. Case No.-17 Year-2018 Thana- NIRMALI District- Supaul ====================================================== Mantu Kumar @ Mantu Kumar Bharti Son of Durganand Yadav Resident of Tulsiyahi, Ward No.- 4, P.S.- Nadi Thana, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Digvijay Narayan Singh, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 302/34 of the Indian Penal Code.

3. Allegation against the petitioner is that he along with other co-accused persons have killed the husband of informant.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. It is further submitted that after investigation, the police filed final form against the petitioner, but the learned Court below differing with the final

Patna High Court CR. MISC. No.52764 of 2024(2) dt.21-08-2024 2/2 form took cognizance against him. He further submits that the similarly situated co-accused person has been enlarged on bail by this court vide order dated 19.07.2024 passed in Cr. Misc. No. 31235 of 2024. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the final form has been filed against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Nirmali P.S. Case No. 17 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T