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Patna High CourtCR. MISC./49169/2019bail rejected

Mantun Mahto @ Mantun Kumar Mahto @ Mantun Kumar v. The State Of Bihar

2019-08-06Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49169 of 2019 Arising Out of PS. Case No.-97 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== MANTUN MAHTO @ MANTUN KUMAR MAHTO @ MANTUN KUMAR, Male, aged about 29 years, Son of Hari Kishun Mahto, resident of Village-Mirzapur Jarhi (Sonupur), P.S.- Rosera, District-Samastipur (Bihar). ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Jandaha P.S. Case No. 97 of 2019, registered for the offence under Section 392 of the Indian Penal Code.

As per the F.I.R., while the informant was going to Hajipur on his pick-up van after loading fishes worth of Rs.1,50,000/-, a blue car overtook him and stopped ahead the pick-up van and three persons came from the said car and dragged him out from the driving seat of the pick-up van and brought him to the said car. It has also been alleged that one of

Patna High Court CR. MISC. No.49169 of 2019(2) dt.06-08-2019 2/2 the accused persons forcibly snatched the key of the pick-up van from the informant and went away towards Hajipur and whereafter the other accused persons administered some narcotics, on that account, the informant became unconscious. Later on, when he gained consciousness he found himself lying in a field.

Learned counsel for the petitioner submits that the petitioner has wrongly been implicated in this case only on account of previous enmity.

Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. However, if the petitioner surrenders before the Court below within three weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court. While deciding the bail petition, the Court below will also examine the status of grant of bail to other co-accused persons.

(Shivaji Pandey, J) pawan/- U T