Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73742 of 2018 Arising Out of PS. Case No.-100 Year-2015 Thana- GHOSI District- Jehanabad ====================================================== Mantu Kumar, S/o Late Kapil Prasad, Resident of Village- Makhdumpur, P.S. Khudaganj, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar, Advocate.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ghoshi P.S. Case No. 100 of 2015 registered under Section 395 of the Indian Penal Code.

The accusation is that informant, Md. Isfan Kurasi along with his cousin, Md. Chotu Kurasi, was sitting in Jhumni fair on motorcycle. Thereafter, they moved from Jhumni to the way of Modaka Bigha for purchasing of cattle. In the way, five persons came, boarding on two motorcycles, and took cash of Rs.10,000/- from possession of the informant and also took Rs.10,000/- from possession of Chotu Kurasi. Thereafter, on the next day on 08.05.2018, he along with his brother Md. Sikandar

Patna High Court CR. MISC. No.73742 of 2018(5) dt.01-05-2019 2/3 Kurasi and Rajiv Kumar, son of owner of fair, went to the police station and gave written information.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner is not named in the F.I.R. as on the basis of written report of informant, Ghoshi P.S. Case No. 100 of 2015 was instituted against unknown on 08.05.2015. Later on, in course of investigation, Zilajeet Kumar was apprehended by the police in connection with Khizarsarai P.S. Case No. 127 of 2015, in which, his confessional statement was recorded by the police showing the involvement of the petitioner in the present case, in fact, petitioner is accused in three other cases, as detailed in paragraph 3 of the petitioner, due to that reason, the police got implicated the petitioner in the present case.

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 Chief Judicial Magistrate, Jehanabad, in connection with Ghoshi P.S. Case No. 100 of 2015, subject to the condition as laid down under Section 438(2)

Patna High Court CR. MISC. No.73742 of 2018(5) dt.01-05-2019 3/3 of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T