Mangru Gope @ Mangru Rai @ Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79235 of 2024 Arising Out of PS. Case No.-25 Year-2021 Thana- MANER District- Patna ====================================================== Mangru Gope @ Mangru Rai @ Santosh Kumar S/O Vijendra Rai Resident of village- Balua P.S- Maner District-Patna .
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Usha Kumari Singh For the Opposite Party/s :
Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Maner P.S. Case no. 25 of 2021 instituted for the offence under Sections 147, 148, 149, 341, 323, 307 and 379 of the Indian Penal Code and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that when the petitioner has gone to market, four persons including the petitioner surrounded him and snatched his pistol. After that, informant had disclosed the name of all the four persons. It is further alleged that from that pistol, firing was made and two persons were injured. Accordingly, the FIR.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.79235 of 2024(2) dt.02-12-2024 2/3 that petitioner is innocent and has falsely been implicated in connection with the present case. During the course of argument, learned counsel for the petitioner submits that though the firing was made from that pistol but it is not clear from the FIR, who made firing. It has further been submitted by the learned counsel for the petitioner that there is general and omnibus allegation against this petitioner. Further submission is that similarly situated co-accused, Abhishek Kumar and Raushan Kumar has been extended the privilege of bail vide order dated 24.05.2022 pass in Cr. Misc. No. 36024 of 2021. Last submission is that the petitioner is having criminal antecedent of two case but he is on bail in both the cases.
5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Maner P.S. Case no. 25 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.79235 of 2024(2) dt.02-12-2024 3/3 satisfaction of learned Judicial Magistrate, 1st Class, Danapur, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Jagdish/- U T