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Patna High CourtCR. MISC./70681/2024allowed

Mantu Kumar @ Mantu v. The State Of Bihar

2024-10-22Mr. Justice Anjani Kumar Sharan2 pages

1IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70681 of 2024 Arising Out of PS. Case No.-184 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== 1.

Mantu Kumar @ Mantu S/o Yogendra Prasad R/o vill - Chunukpur, P.O. - Bandhuganj, P.S. - Ghoshi, Dist. - Jehanabad, Bihar 2.

Pintu Kumar @ Pintu S/o Yogendra Prasad R/o vill - Chunukpur, P.O. - Bandhuganj, P.S. - Ghoshi, Dist. - Jehanabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash Chandra, Advocate For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

Petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 307, 341, 323, 379, 504 IPC and Section 302 IPC and 27 of Arms Act was added. 3.

Allegedly, the petitioners along with other accused persons surrounded the informant and assaulted the informant and his brother due to which the brother of the informant succumbed to the injuries.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. There is admitted land dispute between the parties and

Patna High Court CR. MISC. No.70681 of 2024(2) dt.22-10-2024 2/2 for the alleged occurrence, there is also case and counter case between the parties. Both sides have sustained injuries. It is submitted that there is general and omnibus allegation against the petitioners. The specific allegation to fire upon the deceased brother of the informant is against the co-accused Satyendra Yadav. At best, the petitioners can be said to be the members of the mob. Petitioner no. 1 has two criminal antecedent and petitioner no. 2 has one criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their 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) each 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 Ghoshi P.S. Case No.184 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) priyanka/- U T