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Patna High CourtCR. MISC./58119/2023allowed

Mantu Yadav v. The State Of Bihar

2023-09-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58119 of 2023 Arising Out of PS. Case No.-378 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Mantu Yadav S/O Late Nemo Yadav Resident Of Village - Jaleem Koyree Lane, Badi Khanjarpur, P.S. - Barari, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paritosh Parimal For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 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 sections 147, 149, 341, 323, 504, 506, 332, 353, 307 of the Indian Penal Code. As per prosecution case, the co-accused person namely, Fantush Tanti and the petitioner were apprehended on the spot while they along with other persons creating hindrance and discharging official duty of the police. It is further alleged that from their possession two illegal arms, four live cartridges and other articles have been recovered. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.58119 of 2023(2) dt.01-09-2023 2/2 falsely been implicated in this case due to high handedness of the police officials. The petitioner has no concern with the alleged recovery and no specific allegation of any offence levelled against the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 12.06.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kotwali Barari P.S. Case No. 378 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) Manishkumar/- U T