Mantu Yadav v. The State of Bihar

Ms. Leelawati Kumari, Advocate Mr. Aman Vishal, Advocate For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 4 26-04-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

The learned counsel for the petitioner submits that petitioner has antecedent of two cases and has been falsely implicated in the instant case by the informant. It is next submitted that the merits of the case has been considered in detail in the case of Tandal Kumar @ Tandan Kumar @ Tandle Kumar Vs. The State of Bihar, who had approached this Court seeking anticipatory bail by filing Cr. Misc. No.18201 of 2024 and the same was allowed by an order dated 01.04.2024.

The learned counsel thus seeks anticipatory bail Patna High Court CR. MISC. No.15248 of 2024(4) dt.26-04-2024 based on parity. It is further submitted that petitioner will not abscond, rather will cooperate in the investigation.

The learned APP for the State opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner and taking into consideration the order dated 01.04.2024 in Cr. Misc. No.18201 of 2024, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Auranbagad in connection with Barun P.S. Case No.615 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that petitioner despite giving assurance to this Court, is not cooperating in the investigation or is not appearing as and when required by the Investigating Officer, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner and to take Patna High Court CR. MISC. No.15248 of 2024(4) dt.26-04-2024 all coercive steps to ensure that petitioner is behind bar.