Mintu Kumar @ Mantu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66105 of 2025 Arising Out of PS. Case No.-155 Year-2020 Thana- MAHINDWARA District- Sitamarhi ====================================================== Mintu Kumar @ Mantu Kumar, aged about 34 years, Male, Son of Ravindra Sah @ Ravindra Kumar, Resident of Village- Olipur, P.S.- Mahindwara, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Mahindwara P.S. Case No. 155 of 2020 instituted for the offences punishable under Sections 341, 323, 324, 307,504 and 37934 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was also added.
3. As per the prosecution case, it is alleged by the informant namely Ranjeet Kumar that on 13.12.2020 at around 12:00 Noon, he caught a auto-rickshaw at Tegraha to return home and when he reached Olipur Chowk, five FIR known coaccused persons with others surrounded the auto-rickshaw and pulled the informant and took out Rs. 3,000/- from the pocket and assaulted with iron rod and other weapons with an intention
Patna High Court CR. MISC. No.66105 of 2025(2) dt.17-09-2025 2/3 to kill him and he became unconscious and found himself at Novel Hospital.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that the informant recorded his self statement, which resulted into institution of the present case. He further submits that the informant received three injuries and out of three injuries, two injuries were found abrasion injury and one injury was fracture injury on right arm and the cause of death was due to impact of hard and blunt substance. He next submits that there is no any eye witness of the alleged occurrence except the fardbeyan of the informant. He lastly submits that there is general and omnibus allegation against all the five named accused persons, which is general and omnibus. Petitioner has got clean antecedent as stated in para 3 of the petition is in custody since 29.05.2025.
5. Learned APP for the State opposes the prayer for bail.
6. From perusal of the FIR and impugned order of the learned A.D.J.-II, Sitamarhi dated 11.08.2025, it appears that on the basis of fardbeyan of the informant-cum-deceased namely
Patna High Court CR. MISC. No.66105 of 2025(2) dt.17-09-2025 3/3 Ranjeet Kumar, FIR has been registered under Sections 341, 323, 324, 307,504 and 37934 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was also added against five co-accused persons including the present petitioner. Petitioner has got clean antecedent and is in custody since 29.05.2025. Similarly situated co-accused persons namely Jaykishor Sah and Rajesh Bhagat @ Rajesh Kumar have been granted bail by a co-ordinate Bench of this Court in Cr. Misc. Nos. 57927 of 2021 and 18856 of 2025 vide orders dated 05.05.2022 and 18.04.2025 respectively, so considering all these aspects of the case and submissions of learned counsel for the petitioner, I am inclined to grant bail to the petitioner.
7. Accordingly, the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-VI, Sitamarhi in connection with Mahindwara P.S. Case No. 155 of 2020.
(Ramesh Chand Malviya, J) Anand Kr.
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