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Patna High CourtCR. MISC./57614/2025bail granted

Mantu Kumar @ Mantu Kumar Yadav v. The State Of Bihar

2025-08-30Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57614 of 2025 Arising Out of PS. Case No.-84 Year-2025 Thana- SANDESH District- Bhojpur ====================================================== Mantu Kumar @ Mantu Kumar Yadav S/O Late Hareram Yadav R/O Kamal Tola, P.S.- Narayanpur, Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sandesh P.S. Case No. 84 of 2025 instituted for the offences under Sections 317(2), 317(5), 318(4), 338, 336(3), 111, 112 of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, the accusation against the petitioner is of being involved in theft of motorcycle along with other co-accused persons as also using it for sell after changing the chesis and engine number of the theft motorcycles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case

Patna High Court CR. MISC. No.57614 of 2025(3) dt.30-08-2025 2/3 merely on the basis of suspicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The name of the petitioner has transpired in this case on the basis of the confessional statement of the co-accused Sanni Kumar recorded before the police which has no evidentiary value in the eye of law. The petitioner has no concern with the alleged occurrence. The petitioner has four criminal antecedents and is languishing in judicial custody since 15.04.2025 without any rhymes or reason. Co-accused Sanni Kumar has already been granted bail by a Co-ordinate Bench of this Court vide order dated 04.07.2025 passed in Cr. Misc. No. 39271 of 2025.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the petitioner has four criminal antecedents.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.57614 of 2025(3) dt.30-08-2025 3/3 below/concerned Court in connection with Sandesh P.S. Case No. 84 of 2025, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T