IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14077 of 2022

Arising Out of PS. Case No.-221 Year-2021 Thana- NOKHA District- Rohtas

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Mantu Kumar @ Mantu Paswan Son of Sri Ramaji Ram @ Ramaji Paswan

Resident of Ward No.9, suharatolak, Nokha Rohtas, Garh Nokha, Bihar Pin

Code- 802215.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Sharad Shekhar, Advocate

For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH

ORAL ORDER

2

11-07-2022

The learned counsel for the petitioner is directed to

remove all the defects pointed out by the Stamp Reporter within

one month.

Heard learned counsel for the petitioner and the

learned APP for the State.

Learned counsel for the petitioner submits that in

paragraph no. 01 and paragraph no. 20 of petition the details

with regard to Court No. ADJ, XII Rohtas at Sasaram has been

wrongly mentioned and accordingly he wants to make necessary

correction in the said paragraph.

In view of above prayer petitioner is permitted to

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make necessary correction in the petition with regard to above-

mentioned Court No.

Petitioner seeks regular bail in connection with Nokha

P.S. Case No. 221 of 2021 registered for the offences under

Sections 399, 402, 414 of the Indian Penal Code and Section 25

(1-b) a, 26, 35 of the Arms Act.

Allegedly this petitioner and co-accused persons were

found making preparation to commit dacoiti and from their

possession firearms, knife, mobile phone and motorcycles were

recovered.

The main submissions advanced by learned counsel

for the petitioner are that as per prosecution story narrated in the

FIR from the possession of this petitioner only one mobile

phone was recovered and any other incriminating material was

not recovered and the said mobile phone was validly purchased

by a relative of petitioner regarding which sufficient documents

have been filed as Annexure series 2. Further submission is that

petitioner is simply alleged to be present at the alleged place

with co-accused persons but any firearm or any other material

was not found from his possession and he is a student having

clean antecedent and investigation has been completed in

respect of petitioner and he has been languishing in jail since

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10.10.2021.

Learned APP for the State has opposed the bail prayer.

Having considered the above submissions and

petitioners clean antecedent and his custody period and mainly

the fact that from his possession only one mobile phone was

recovered and petitioner has claimed the said mobile phone

having been purchased by him regarding which he has filed

some documents Annexure 2 and petitioner’s case is at initial

stage of trial, in my view a lenient approach can be taken in

respect of petitioner’s prayer let the petitioner be released on

bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with

two sureties of the like amount each to the satisfaction of

concerned Court in Connection with Nokha P.S. Case No. 221

of 2021on the following conditions.

(1) Petitioner shall co-operate in the trial and shall be

properly represented on each and every date fixed by the Court

below and shall remain physically present as directed by the

Court below 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

witnesses, in that case the prosecution will be at liberty to move

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for cancellation of bail.

(3) One of the bailers shall be close relative o