Mantu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62612 of 2021 Arising Out of PS. Case No.-62 Year-2021 Thana- JURAWANPUR District- Vaishali ====================================================== MANTU SINGH Son of Late Upendra Singh Resident of Village - Jurawanpur Karari, P.S.- Jurawanpur, District - Vaishali at Hazipur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 66440 of 2021 Arising Out of PS. Case No.-62 Year-2021 Thana- JURAWANPUR District- Vaishali ====================================================== 1.

PINKU SINGH Son of Late Upendra Singh Resident of Village - Jurawanpur, Karari, P.S.- Jurawanpur, District - Vaishali. 2.

Sanjay Singh Son of Late Shyam Nandan Singh Resident of Village - Jurawanpur, Karari, P.S.- Jurawanpur, District - Vaishali. 3.

Kundan Kumar Singh @ Litiya Son of Virendra Singh Resident of Village - Jurawanpur, Karari, P.S.- Jurawanpur, District - Vaishali. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 62612 of 2021) For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Md. Matloob Rab (In CRIMINAL MISCELLANEOUS No. 66440 of 2021) For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection

Patna High Court CR. MISC. No.62612 of 2021(6) dt.26-09-2022 2/3 with Jurawanpur P.S. Case no. 62 of 2021 instituted for the offence punishable under Sections 147, 149, 341, 323, 332, 353, 224 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, petitioner Mantu Singh and his supporters have assaulted to Bam Bahadur Rai and caused injury and during treatment he died. Thereafter, family members of deceased demanded the arrest of accused persons. Petitioner Mantu Singh was arrested and was brought to police Station then his full brother Pinku Singh (petitioner), other petitioners and his supporters after forming unlawful assembly armed with deadly weapons, entered into the premises of police station and committed marpit with the informant and other police personnel and got him free from police custody. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. The allegation of firing is ornamental and super addition. On place of occurrence, no evidence of firing or recovery of empty cartridges were found. No one has received injury in the alleged occurrence and no injury report is brought on record to support the prosecution story. Petitioner Mantu Singh was arrested in murder case of Bam Bahadur Rai on

Patna High Court CR. MISC. No.62612 of 2021(6) dt.26-09-2022 3/3 7.7.2021 before 8.30 hours but the said murder case was registered at 9.30 hours as Jurawanpur P.S. Case No. 61 of 2021. Several co-accused persons have been granted regular bail by this Court vide B.P. No. 1333 of 2021.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioners and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) sushma/- U