IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39455 of 2020

Arising Out of PS. Case No.-105 Year-2019 Thana- MARANCHI District- Patna

======================================================

Mantu Bind @ Mantun Nisad Son Of Late Devan Nisad @ Late Devan Singh

Nisad Residence Of Village- Kasaha Diyaran, P.S.- Maranchi, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mrs. Smt. Sudha Ambastha, Adv

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR

ORAL ORDER

4

29-01-2022

Heard learned counsel for the petitioner and

learned APP for the State.

Learned counsel for the petitioner is expected

to honour his undertaking given in the instant case for

depositing the requisite court fee and to remove the

defects as pointed out by the office when called upon to

do so by the office.

The petitioner is apprehending his arrest in a

case registered for the offences punishable under

Sections 341, 323, 307/34 of the Indian Penal Code and

Section 27 of the Arms Act.

The prosecution case as per F.I.R is that when

Patna High Court CR. MISC. No.39455 of 2020(4) dt.29-01-2022

2/3

the informant and one Mukesh Bind were coming with

motorcycle, four accused persons including the petitioner

intercepted them. It is specifically alleged against co-

accused Samrath that he shot fire at the informant

which hit on his stomach whereas this petitioner shot fire

at Mukesh Bind, as a result of which, he fell on the

ground. The informant somehow managed to save his

life. However till date, the victim Mukesh Bind has not

been recovered.

It is submitted by learned counsel for the

petitioner that in the background of previous enmity, the

petitioner has been roped in the present case and except

informant, there is no eye witness to the occurrence. A

statement has been made in para 3 of the petition that

petitioner has no criminal antecedent.

It is submitted by learned A.P.P for the State

that there is direct allegation against the petitioner to

have fired on Mukesh Bind who has not been recovered

till date. This fact has also been corroborated by the

Patna High Court CR. MISC. No.39455 of 2020(4) dt.29-01-2022

3/3

witnesses in their statements recorded in the case diary.

It is further submitted that on filing written complaint by

the mother of the victim Mukesh Bind as gets reflected

in para 84 of the case diary, a petition has been filed by

the Investigating Officer for adding Section 302 of the

Indian Penal Code. The case was found true as against

the petitioner by the Investigating Officer which gets

reflected in para 150 of the case diary.

Considering the aforestated facts, this Court is

not inclined to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail of the petitioner

stands rejected.

Shageer/-

(Sunil Kumar Panwar, J)

U

T