Mantu Singh @ Montu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49345 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- NARALI KALA KHURD DistrictAurangabad ====================================================== MANTU SINGH @ MONTU SINGH S/o Late Dadan Singh R/o villageMadhe, P.S.- Badem O.P., District- Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar For the Opposite Party/s :
Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 21-12-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Narari Kala Khurd P.S. Case No. 84 of 2022 registered for the offences punishable under Sections 384, 386, 504 of the Indian Penal Code.
As per prosecution case, petitioner through his mobile no. 7781843203 made a call on informant's mobile and asked that as to why he expelled Mishra from Job. It is further alleged that petitioner threatened the informant on
2/4 phone and said that besides Mishra, informant was asked to engage 4 to 5 persons in job. It is further alleged that petitioner also threatened the informant that in case if he came outside the gate he would have to face dire consequences. It is further alleged that informant received 8-10 calls where indecent language has been used and it is further alleged that petitioner has no fear from either SP or DM even if audio clip will be shared to them. Learned counsel for the petitioner submits that petitioner is in custody since 14.07.2022. Petitioner bears three criminal antecedents and he does not bear criminal antecedent of similar nature prior to present case. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence.
Learned counsel further submits that petitioner is quite innocent and has falsely been implicated in this case due to dirty politics. Petitioner being a public representative and he was Ex-Chief of PACS at Mahuain Nabinagar and as such he was approached by various such people for employment at N.P.G.C.L. Project. Learned counsel further submits that there was an agreement between N.T.P.C.
3/4 people that the company would give employment to those persons whose lands have been acquired by the company for the said project. In fact company officials demanded illegal money for giving employment and the petitioner only brought the same to the notice of the informant. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of the parties and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. - 1st Class, Aurangabad in connection with Narari Kala Khurd P.S. Case No. 84 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
4/4 (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) amitkr/- U T