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Patna High CourtCR. MISC./56757/2023allowed

Mantu Singh v. The State Of Bihar

2023-10-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56757 of 2023 Arising Out of PS. Case No.-517 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== MANTU SINGH SON OF LATE KAMESHWAR SINGH RESIDENT OF VILLAGE -KESHOPUR, PS- BARHARA, DIST- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Narayan, Sr. Adv.

Mr. Ganesh Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-10-2023 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 353, 337, 338, 332, 333, 504 of the Indian Penal Code.

3. As per the prosecution case, the villagers of two villages were fighting with each other and made riot like situation. When the informant along with other police personnel reached there and tried to pacify them, they were assaulted by the villagers. Some of the villagers set fire the shop on fire in the market.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. He has

Patna High Court CR. MISC. No.56757 of 2023(2) dt.11-10-2023 2/2 been made accused in the present case on suspicion. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. At best, petitioner can be said to be the members of the mob. It is further submitted that on the basis of one occurrence, four cases were filed against him. Petitioner has nine criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Barhara P.S. Case No. 517 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T