Mantu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76505 of 2019 Arising Out of PS. Case No.-107 Year-2019 Thana- MAJORGANJ District- Sitamarhi ====================================================== Mantu Sah, Son of Sonelal Sah, Resident of Village- Mohini Mandal, P.S.- Suppi, District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-05-2020 Heard learned counsel for the petitioner, Mr. Prasun Sinha, learned counsel for the informant and the learned A.P.P. for the State.

The petitioner is accused in connection with Majorganj P.S. Case No. 107 of 2019, registered under Sections 394, 302 and 307/34 of the Indian Penal Code. The accusation is that the informant, Anil Kumar Singh, along with his father, Ramashray Singh proceeded to Sitamarhi boarding in the Bus but in the way, six persons boarding on the motorcycle gave signal to stop the Bus. When the driver stopped the bus then all entered in the Bus and started to snatch the bag from his father. When the informant and his father made protest then miscreants opened fire at his father

Patna High Court CR. MISC. No.76505 of 2019(4) dt.28-05-2020 2/3 through pistol, in which, his father sustained firearm injury. Thereafter, all fled away with the bag of his father containing Rs.1,00,000/-, passbook and fixed deposit papers. Learned counsel for the petitioner submits that it would appear from the FIR that on the basis of the Fradebyan of the informant, Anil Kumar Singh, Majorganj P.S. Case No. 107 of 2019 was instituted against driver of the bus and unknown. In course of investigation, the name of the petitioner has surfaced in the confessional statement of co-accused, Rajesh Kumar (driver) and Shyam Pandey showing the involvement of the petitioner in the present case. Further submission is that nothing has been recovered from possession of the petitioner and he is in custody since 13.07.2019.

It is further submitted that while the informant had detailed the physique of the culprit but till today, petitioner has not been put on T.I. Parade. In fact, petitioner is accused in Sahiyara P.S. Case No. 77 of 2018 due to that reason police managed to implicated the petitioner in the present case. Learned APP appearing for the State, assisted by Mr. Prasun Sinha, learned counsel for the informant, opposed the prayer for bail.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released

Patna High Court CR. MISC. No.76505 of 2019(4) dt.28-05-2020 3/3 on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi, in connection with Majorganj P.S. Case No. 107 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.

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