HIGH COURT OF PATNA
MANTU KUMAR @ MANTU PASWAN – Appellant
Versus
THE STATE OF BIHAR – Respondent
CR. MISC. 14077/2022
['Sharad Shekhar', '', 'Surya Swetabh', 'MUKESH KUMAR', 'Vinod Shanker Modi']
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
======================================================
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
======================================================
Appearance :
For the Petitioner/s
:
Mr.Sharad Shekhar, Advocate
For the Opposite Party/s :
Mr.Vinod Shanker Modi, APP
======================================================
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