Patna High Court – Orders
Mantu Kumar @ Manjay Kumar @ Mantu Yadav vs The State Of Bihar on 16 June, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35606 of 2025
Arising Out of PS. Case No.-754 Year-2022 Thana- GAURICHAK District- Patna
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Mantu Kumar @ Manjay Kumar @ Mantu Yadav S/O Babu Saheb Yadav @
Ram Narayan Yadav R/O Village- Kazi Bigha, P.S- Gaurichak, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rudal Prasad, Advocate
For the State : Mr. Chandra Sen Prasad Singh, APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-06-2025
Heard Mr. Rudal Prasad, learned counsel for the
petitioner and Mr. Chandra Sen Prasad Singh, learned APP for the
State.
2. The petitioner is apprehending his arrest in
connection with Gaurichak P.S. Case No. 754 of 2022, F.I.R. dated
09.11.2022 registered for the offences punishable under Sections
147, 341, 323, 324, 307, 379, 354, 504 and 506 of the Indian
Penal Code.
3. Petitioner along with other accused persons are
said to have assaulted the informant’s side by means of weapons
due to which they sustained injuries.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the allegation as alleged in
Patna High Court CR. MISC. No.35606 of 2025(2) dt.16-06-2025
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the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. Although, the
petitioner is named in the F.I.R. but from perusal of the F.I.R. it
appears that there is no specific allegation of any assault or overt
act attributed against the petitioner rather there is general and
omnibus allegation against all the accused persons including the
petitioner. He further submits that the injury inflicted upon the
injured person is simple in nature. He further submits that co-
accused person namely Indrajeet Yadav @ Phujji Yadav @
Indrajeeet Kumar has been granted the privilege of anticipatory
bail by a Coordiante Bench of this Court vide order dated
17.10.2023 passed in Cr. Misc. No. 62628 of 2023 (Annexure
P/3), another co-accused persons namely Mukesh Yadav, Dablu
Yadav @ Dablu Kumar and Pintu Kumar @ Pintu Yadav have been
granted the privilege of anticipatory bail by a Coordinate Bench
of this Court vide order dated 19.03.2024 passed in Cr. Misc. No.
57518 of 2023 (Annexure P/4) and the case is the petitioner is of
similar footing.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner and submits that there is
specific allegation against the petitioner that he along with other
co-accused persons have assaulted the wife of the informant and
apart from that the petitioner carries two more cases other than
the present one.
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6. Considering the facts and circumstances of the case
and the fact that there is no specific allegation of any assault or
overt act attributed against the petitioner, let the petitioner,
above named, in the event of his arrest or surrender before the
court below within a period of thirty days from the date of
receipt of the order, be released 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 learned Additional Chief
Judicial Magistrate-II, Patna City, Patna in connection with
Gaurichak P.S. Case No. 754 of 2022, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure/ Section 482(2) of BNSS, 2023 and with other
following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
Patna High Court CR. MISC. No.35606 of 2025(2) dt.16-06-2025
4/4criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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