Mantu Kumar Yadav @ Mantu Kumar @ Mantu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48301 of 2025 Arising Out of PS. Case No.-171 Year-2025 Thana- FATUA District- Patna ====================================================== Mantu Kumar Yadav @ Mantu Kumar @ Mantu S/o Jogan Yadav @ Yogan Yadav R/o Mirjapur Nohta, Fatwah, P.S.- Fatuha, District- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ravish Mishra, Advocate For the State :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Fatuha P.S. Case No. 171 of 2025, dated01.03.2025 registered for the offences punishable under Sections 191(3), 126(2), 115(2), 109, 121(2), 132, 303(2), 125a, 324(5), 324(6), 326(g), 352 of the B.N.S., 2023 and Sections 3 & 4 of the Prevention of Damage to Public Property Act, 1984.
3. As per allegation, one person got dead in a road accident and when the police went to the place of occurrence to get his dead body for post mortem, about two hundred persons assembled there and protested against the police and also pelted stone and bricks to the police.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.48301 of 2025(2) dt.30-07-2025 2/3 Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner was not present on the place of occurrence and his name has transpired only on the basis of suspicion. He also submits that in the assembly of about two hundred persons, it is very difficult to identify a person.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Fatuha P.S. Case No. 171 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on
Patna High Court CR. MISC. No.48301 of 2025(2) dt.30-07-2025 3/3 the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T