Mantu Kumar @ Mantu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64353 of 2019 Arising Out of PS. Case No.-478 Year-2019 Thana- GARKHA District- Saran ====================================================== Mantu Kumar @ Mantu Rai, Son of Yogendra Rai, Resident of VillageMubarakpur, P.S.-Garkha in the District Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Nandan Kumar Tiwary For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Gorkha P.S. Case No. 478 of 2019 registered under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code. The accusation is that in the evening of 30.07.2019, informant, Mukesh Rai, was returning to his house from clinic but in the way, petitioner along with Babban Rai and Amarjeet Rai having iron rod and Dav surrounded him and on the order of petitioner, Amarjeet Rai caught hold his waist and petitioner gave Dav blow causing injury at his head and nose. On raising alarm, his uncle Kameshwar Rai and Golu Kumar came to save him then they were assaulted by Baban Rai, Jitendra Rai, Yogendra Rai and Bijul Rai through iron rod and Dav. At that time, petitioner snatched gold chain

Patna High Court CR. MISC. No.64353 of 2019(2) dt.23-10-2019 2/2 from his neck and Baban Rai took cash of Rs.5,000/- from his pocket. In that course, Golu Kuamr sustained serious injury. Learned counsel for the petitioner submits that occurrence took place due to some dispute, in which, petitioner's side also sustained injury, regarding which, Gorkha P.S. Case No. 477 of 2019 is instituted on the basis of Fradbeyan of co-accused, Bijuli Rai. Moreover, the injuries, as found on the person of the injured, are simple in nature. Further submission is that petitioner has no criminal antecedent.

On the other hand, learned counsel for the informant opposed the prayer for pre-arrest bail of the petitioner with submission that the injuries, as found on the person of the informant and others, received on the vital part of the injured. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned A.C.J.M.-XIV, Saran at Chapra, in connection with Gorkha P.S. Case No. 478 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Bhardwaj/- (Rajendra Kumar Mishra, J) U T