Allowed

Mantu Paswan @ Mantu Kumar v. The State of Bihar

Patna HC22 Jan 2025CR. MISC./81752/2024

Case brief

AI extract

What is this about?

Three brothers sought anticipatory bail in a murder case arising from an attack on a baarat in which the informant's handicapped son was killed. Allegations were general and omnibus without specific overt acts; similarly situated co-accused were already on bail. Bail was granted subject to Section 438(2) Cr.P.C. conditions.

What did the court decide?

Petitioners released on bail upon arrest or surrender within eight weeks, on Rs.10,000 bond each with two sureties, subject to Section 438(2) Cr.P.C. conditions.

Mantu Paswan @ Mantu Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81752 of 2024

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Arising Out of PS. Case No.-373 Year-2023 Thana- NAUBATPUR District- Patna

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Mantu Paswan @ Mantu Kumar S/o Kapil Paswan @ Kapildev Paswan Resident of Village- Dariyapur, P.S.- Naubatpur, District- Patna

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Pintu Paswan @ Pintu Kumar S/o Kapil Paswan @ Kapildev Paswan Resident of Village- Dariyapur, P.S.- Naubatpur, District- Patna

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Om Prakash Paswan @ Om Prakash Kumar @ Om Prakash S/o Kapil Paswan @ Kapildev Paswan Resident of Village- Dariyapur, P.S.Naubatpur, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Satish Chandra, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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2 22-01-2025 Heard learned counsel for the petitioners and

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learned A.P.P. for the State.

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The petitioners apprehend their arrest in a case registered under Sections 147, 148, 149, 323, 341, 342, 302 and 201 of the Indian Penal Code.

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As per prosecution case, 15 F.I.R. named accused persons and 10 unknown persons including these petitioners, attacked on the Baarat and assaulted informant and his son. Later on, when informant searched for his handicapped son, he could not find him and the police were informed. Thereafter, dead body of handicapped son of informant was found in the river. It is alleged that all the accused persons killed the son of informant.

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Learned counsel for the petitioners submits that

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Patna High Court CR. MISC. No.81752 of 2024(2) dt.22-01-2025 2/2

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petitioners have been made accused in this case only on suspicion. The allegations as levelled against the petitioners are general and omnibus. He next submits that no specific overt act has been alleged against the petitioners. Similarly situated coaccused persons have already been granted bail by this Court vide order dated 08.06.2024 passed in Cr. Misc. No. 24343 of 2024. Petitioners claim clean antecedent.

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Learned A.P.P. appearing on behalf of the State opposed the bail application.

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Having considered the aforesaid facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Danapur, Patna, in connection with Naubatpur P. S. Case No. 373 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

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(Prabhat Kumar Singh, J)

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utkarsh/-

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U T

Mantu Paswan @ Mantu Kumar v. The State of Bihar

Case brief

What is this about?

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Mantu Paswan @ Mantu Kumar v. The State of Bihar

Case brief

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