← Library
Patna High CourtCR. MISC./53367/2023allowed

Mantun Kumar v. The State Of Bihar

2023-09-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53367 of 2023 Arising Out of PS. Case No.-563 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== Mantun Kumar Son Of Shoshan Yadav Village_ Raun, P.S. Alauli, Distt. Khagaria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code and section 27 of the Arms Act. As per allegation in the FIR, on 19.7.2021, informant was returning to his home after withdrawing an amount of Rs. 3,05,000/- from bank, three accused persons came on a motorcycle and snatched his entire cash and shot fire as a result of which informant received gunshot injury.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. Nothing has been recovered from his conscious possession. His name

Patna High Court CR. MISC. No.53367 of 2023(3) dt.05-09-2023 2/2 surfaced in this case in confessional statement of co-accused Golu Kumar. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 10.08.2023 passed in Cr. Misc. No. 50314 of 2023. Petitioner is languishing in judicial custody since 25.2.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial magistrate 1st Class, Khagaria in connection with Khagaria Muffasil PS Case No. 563 of 2021.

(Sunil Kumar Panwar, J) lata/- U