Patna High CourtCR. MISC./70965/2024bail granted

Mantu Yadav @ Rahul v. The State Of Bihar

2024-10-08Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70965 of 2024 Arising Out of PS. Case No.-270 Year-2022 Thana- GAYA KOTWALI District- Gaya ====================================================== Mantu Yadav @ Rahul Son of Dharmendra Yadav village -Kandi Nawada, Ps -Chandauti, Dist -Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh, Adv.

For the Opposite Party/s :

Mr.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kotwali P.S. Case No. 270 of 2022 dated 11.05.2022 registered for the offences punishable u/ss 341, 323, 308, 504, 379 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, when the informant was coming from Jehanabad to Gaya in his own car with his younger brother and when they reached near Ramshila More then there was traffic jam, in the meantime, three people came and started crossing the tractor carrying sand. It is further alleged that when they objected, they started abusing and

Patna High Court CR. MISC. No.70965 of 2024(2) dt.08-10-2024 2/3 assaulting them with lathi due to which the informant sustained head injury and his brother also sustained injury. It is further alleged that the accused persons snatched a golden chain from the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is no specific allegation against the petitioner rather the allegation against the petitioner is general and omnibus. The charge-sheet has been submitted against the petitioner. As per the injury report of the injured, the injuries are simple in nature. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner was remanded in this case on 07.06.2024 from Kotwali P.S. Case No. 94/24 and the petitioner is in custody since then.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.70965 of 2024(2) dt.08-10-2024 3/3 concerned, Gaya in connection with Kotwali P.S. Case No. 270 of 2022 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T