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Patna High Court – Orders
Mantu Kumar @ Mantu Jaiswal vs The State Of Bihar on 3 June, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34523 of 2025
Arising Out of PS. Case No.-213 Year-2023 Thana- BRAHMPURA District- Muzaffarpur
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Mantu Kumar @ Mantu Jaiswal S/O Dharmendra Prasad @ Dharmendra
Prasad Jaiswal R/O Village- Amwa, P.S.- Jharokhar, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar, Adv.
For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 03-06-2025
Heard Learned Counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
NDPS Case No.29 of 2025 arising out of Brahampura P.S. Case
No.213 of 2023 lodged under Sections 402, 399 and 414 of the
IPC read with Section 8(C)/21(b) of the NDPS Act after
cognizance under Sections 399, 402 and 414 of the IPC read
with section 21(A) of the NDPS Act.
3. As per the prosecution, the FIR has been lodged
against 19 named accused persons including petitioner against
whom there is allegation that they were planning to do dacoity
in the night.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He submits
Patna High Court CR. MISC. No.34523 of 2025(2) dt.03-06-2025
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that the petitioner has not been apprehended from the place of
occurrence rather his name has figured in this case only on the
basis of confessional statement of co-accused persons. He
further submits that no offence has been made out against the
petitioner, which has been alleged in the present case.
5. Counsel further submits that nothing has been
recovered from his possession and he is in custody since
20.01.2025 after being remanded and his antecedent is not
clean. There are 4 criminal cases pending against him.
6. Learned APP for the State opposes the prayer for
bail.
7. In the present facts and circumstances of this case
and the submissions made above, let the petitioner above
named, be granted bail, but only after framing of charge, if
not framed as well as on being satisfied by the trial court that
the petitioner is not absconding in any of the cases which are
pending against him whose details are mentioned below, on
furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand)
as mentioned in Section 2(1) (d) of the BNSS, 2023 to the
satisfaction of Exclusive Special Court-II, (NDPS), Muzaffarpur
in connection with NDPS Case No.29 of 2025 arising out of
Brahampura P.S. Case No.213 of 2023, subject to the following
Patna High Court CR. MISC. No.34523 of 2025(2) dt.03-06-2025
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conditions as laid down under Section 480(3) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
8. The details of the cases which are pending against
the petitioner, are as follows:-
i. Darpa P.S. Case No.64 of 2024.
ii. Dhaka P.S. Case No.57 of 2024.
iii. Dhaka P.S. Case No.45 of 2024.
iv. Chiraiya P.S. Case no.60 of 2024.
(Dr. Anshuman, J.)
Prakashmani/-
U T
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