Mantu Kumar @ Mantu Jaiswal Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Mantu Kumar @ Mantu Jaiswal Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Sikrahana at Dhaka, East Champaran, in connection with Chiraiya P.S. Case No. 60 of 2024, subject to five conditions: (i) one bailor to be a family member/relative with official document showing bona fide; (ii) appearance before Trial Court on every date, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial Court; (iii) monthly appearance at the concerned police station to mark attendance till conclusion of trial, with certificate submitted to the Court; (iv) no inducement, promise or threat to witnesses or tampering with evidence; (v) desistence from committing any criminal offence again, failing which the State may seek cancellation of the bail bonds.

Issue for consideration

Whether the petitioner, in judicial custody since 14.08.2024 in connection with Chiraiya P.S. Case No. 60 of 2024 (Sections 461 and 379 IPC), should be released on bail notwithstanding the State's opposition grounded on alleged criminal antecedents.

Court's answer

Taking note of the allegation, the petitioner's continued custody since 14.08.2024, and the undertaking given that he shall diligently appear in trial and not indulge in any criminal activity, the Court is inclined to extend the privilege of bail with conditions.

Ratio / Principle

Petitioner ordered released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Sikrahana at Dhaka, East Champaran, in connection with Chiraiya P.S. Case No. 60 of 2024, subject to stated conditions.

Key takeaways

Bail is conditional on the petitioner appearing before the concerned police station every month till the conclusion of the trial to mark his attendance.ratio¶26

Detailed headnote1 paragraphs

Bail granted (second application) — Mantu Kumar @ Mantu Jaiswal, in judicial custody since 14.08.2024 in connection with Chiraiya P.S. Case No. 60 of 2024 (offences under Sections 461 and 379 IPC; FIR lodged 13.02.2024 by informant Shabana Azmi after ransacking of an electronic shop with goods and cash worth around Rs. 14-15 lakhs allegedly removed); earlier bail application rejected on 10.12.2024 in Cr. Misc. No. 84079 of 2024. Despite the APP's opposition citing criminal antecedents, the Court, weighing the period in custody and the petitioner's undertaking to appear diligently in trial and refrain from criminal activity, extended the privilege of bail with conditions: bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of Judicial Magistrate-1st Class, Sikrahana at Dhaka, East Champaran; conditions include a family-member/relative bailor with bona fide documentation, appearance on every trial date (two consecutive unexplained absences entailing cancellation of the bail bond by the Trial Court itself), monthly police-station attendance till conclusion of trial with a certificate submitted to the Court, abstention from inducing/threatening witnesses or tampering with evidence, and desistence from further criminal offences.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34429 of 2025

Arising Out of PS. Case No.-60 Year-2024 Thana- CHIRAIYA District- East Champaran

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

Mantu Kumar @ Mantu Jaiswal S/O Dharmendra Prasad @ Dharmendra Prasad Jaiswal R/O Amwa Tonwa, P.s.- Jharokher, Dist.- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

5 21-11-2025 Heard the parties.

The petitioner is in judicial custody in connection with Chiraiya P.S. Case No. 60 of 2024 for the offences punishable under Sections 461 and 379 of the IPC, lodged on 13.02.2024 by the informant, Shabana Azmi.

As per the prosecution story, the informant alleged that they are having electronic shop which was ransacked and all the materials including cash were removed totaling around Rs. 14 to 15 Lakhs. This led to the FIR/arrest.

Learned counsel for the petitioner submits that he has already suffered by being in custody since 14.08.2024 and if granted bail, shall be diligently appearing in trial and shall not indulge in any criminal activity.

Earlier, the bail application of the petitioner was

Patna High Court CR. MISC. No.34429 of 2025(5) dt.21-11-2025 2/3

rejected on 10.12.2024 in Cr. Misc. No. 84079 of 2024 and this is the second petition.

Learned APP opposes the prayer for bail submitting that he has criminal antecedent and allegation has been found to be true.

The allegation is there, the petitioner has remained in custody since 14.08.2024, an undertaking has been given that he shall be diligently appearing in trial and shall not indulge in any criminal activity, in that background, this Court is inclined to extend him the privilege of bail with conditions.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Sikrahana at Dhaka, East Champaran in connection with Chiraiya P.S. Case No. 60 of 2024 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his

Patna High Court CR. MISC. No.34429 of 2025(5) dt.21-11-2025 3/3

bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month till the conclusion of the trial to mark his attendance and at the end of the period, the certificate be submitted to the Court;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

(Rajiv Roy, J)

Vijay Singh/-

U T