Patna High CourtCR. MISC./77714/2023bail granted

Mantu Das v. The State Of Bihar

2023-12-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77714 of 2023 Arising Out of PS. Case No.-330 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== MANTU DAS Son of Prakash Das R/o Village - Anandpur, P.S.- Laxmipur, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Laxmipur P.S. case No. 330 of 2023 instituted for the offences under Sections 399, 402 of the Indian Penal Code and Section 25(1-B)a, 26/35 of the Arms Act.

3. Prosecution allegation, in short, is that police got secret information that some culprits were preparing to commit dacoity near Kenuhat Chawk. The police party reached the place of occurrence. Seeing the police party, all the accused persons started to flee away but out of them two persons, namely Ranjeet Das and Mantu Das, boarded on one motorcycle were apprehended by the police. On search, three cartridges along

Patna High Court CR. MISC. No.77714 of 2023(2) dt.05-12-2023 2/2 with a mobile phone was recovered from the possession of the petitioner.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.07.2023 and has no criminal antecedent. The petitioner has falsely been implicated in the present case. No specific overt act is alleged against the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Laxmipur P.S. case No. 330 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T