Mantosh Kumar Vs The State Of Bihar — Anticipatory Bail | Patna HC (2024)

Mantosh Kumar Vs The State Of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be enlarged on bail on arrest or surrender within six weeks, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, subject to section 438(2), Code of Criminal Procedure conditions.

Issue for consideration

Whether petitioner Mantosh Kumar, who apprehends arrest in Town P.S. Case No. 547 of 2023 (Motihari Town, East Champaran) registered for offences under sections 341, 342, 323, 324, 307, 504, 506/34 IPC, should be enlarged on bail in the event of arrest.

Court's answer

Considering the facts and circumstances of the case, in the event of arrest or surrender within six weeks from 01-10-2024, the petitioner shall be enlarged on bail in anticipation.

Ratio / Principle

The enlargement on bail is conditional on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Town P.S. Case No. 547 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Criminal Miscellaneous No.55586 of 2024, Prabhat Kumar Singh, J., oral order dated 01-10-2024) to Mantosh Kumar, son of Bajrangi Patel @ Anil Patel @ Anil Kiumar, who apprehended arrest in Town P.S. Case No. 547 of 2023, Thana Motihari Town, District East Champaran, registered for offences punishable under sections 341, 342, 323, 324, 307, 504, 506/34 of the Indian Penal Code, arising from an alleged incident of 07.08.2023 at Motihari Railway Station platform no. 2 in which Rs. 8,000/- was snatched from the informant's son and he was stabbed. Considering the facts and circumstances, the Court ordered that in the event of arrest or surrender within six weeks the petitioner be enlarged on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. Counsel's submissions that the injury was simple and that the petitioner had no criminal antecedent were recorded as arguments, not as findings.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55586 of 2024

Arising Out of PS. Case No.-547 Year-2023 Thana- MOTIHARI TOWN District- East Champaran

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

Mantosh Kumar Son of Bajrangi Patel @ Anil Patel @ Anil Kiumar R/O Vill.- Belisarai, P.s.- Gopalganj Town, Dist.- Gopalganj, At Present R/O Balua Tal Motihari, M.s. College East Champaran.

... ... Petitioner/s

Versus

The State Of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Adarsh Ranjan For the Opposite Party/s : Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 01-10-2024

Heard learned counsel for the petitioner and the

State.

2. Petitioner apprehends arrest in a case registered

for the offence punishable under sections 341, 342, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

3. The prosecution case, in brief is that on 07.08.2023 at about 5:30 pm Aadarsh Kumar asked informant's son to come with him to buy used mobile at Motihari Railway Station platform no. 2. There Mantosh Kumar, Jakhmi Khan, Rahul Kumar had shown him a mobile which was not preferred by Aadarsh. When the informant tried to return back then Jakhmi Khan snatched Rs. 8,000/- from Aadarsh Kumar and started assaulting. When informant's son tried to pacify the

Patna High Court CR. MISC. No.55586 of 2024(3) dt.01-10-2024 2/2

matter then Mantosh Kumar stabbed his son on his back.

4. Learned counsel for the petitioner submits that

the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that due to petty dispute altercation took place as a result of which son of the informant sustained injury. However, the same is found to be simple in nature. Petitioner has no criminal antecedent.

5. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Town P.S. Case No. 547 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

Jagdish/-

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