Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62984 of 2024 Arising Out of PS. Case No.-798 Year-2023 Thana- BIHTA District- Patna ====================================================== Mantu Kumar, S/o Sri Subhash Yadav, R/o Dalelganj, P.S.- Bihta, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Advocate Mr. Satyendra Kumar Bhatnagar, Advocate Mr. Kumar Shivam Sinha, Advocate Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2024

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Bihta P.S. Case no. 798 of 2023 registered under sections 307, 341 and 323 of the Indian Penal Code and sections 25(1-B)(a), 26 and 27 of the Arms Act.

3. As per the prosecution case, the informant states that while checking of vehicles was going on he received information that the petitioner resorted to firing with his country made pistol. The informant reached the place of occurrence where the petitioner made an attempt to escape but was caught and a country made pistol was recovered from his possession.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order

Patna High Court CR. MISC. No.62984 of 2024(2) dt.13-09-2024 2/2 dated 14.3.2024 (Annexure-1) passed in Cr. Misc. no. 17082 of 2024 giving liberty to the petitioner to renew his prayer for bail after five months. The petitioner is in custody since 5.8.2023 and has no criminal antecedent.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., liberty granted to the petitioner in the earlier order of rejection dated 14.3.2024, the petitioner having remained in custody for more than one year since 5.8.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Bihta P.S. Case no. 798 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Danapur, Patna. (Partha Sarthy, J) avinash/- U T